Lemon Law Attorney in Texas
19,000+ Consumers Helped. No Upfront Fees. Statewide Texas Coverage.
Manufacturers deny responsibility more often than consumers expect, and the settlements they offer rarely reflect what a claim is actually worth. A lemon law attorney challenges those defenses, handles the filings with the Texas Department of Motor Vehicles, and negotiates from a position of knowledge rather than hope. Most claims resolve through negotiation before reaching a formal hearing, but having legal representation from the start can shape how manufacturers respond.
National Lemon Law Center connects Texas consumers with affiliated attorneys who handle lemon law cases throughout the state. We’ve helped over 19,000 consumers and recovered more than $70 million. Affiliated attorneys charge no upfront fees and seek compensation directly from the manufacturer or dealership, not from you. From first contact through resolution, we cover both Texas state lemon law and federal Magnuson-Moss Warranty Act claims.
Take the first step toward resolving your case with a skilled lemon law attorney in Texas at National Lemon Law Center. Reach out or call (877) 315-3666 now to set up your free case evaluation. We serve clients throughout TX in Arlington, Dallas, El Paso, Fort Worth, Houston, Plano, Sugar Land, Waco, and beyond
Starting Your Texas Lemon Law Claim
The Texas lemon law filing window is triggered by the earliest of three events: warranty expiration, 24 months from the original vehicle delivery date, or 24,000 miles driven. Consumers then have six months from that trigger date to file a complaint with the Texas Department of Motor Vehicles. Starting early can help protect your options.
The process begins with a free case evaluation. An affiliated attorney reviews your repair history, the nature of the defect, and whether the statutory tests have been met. No upfront payment is required at any point. Attorneys seek fees from the manufacturer or dealer, and under the federal Magnuson-Moss Warranty Act, the manufacturer may be required to pay attorney fees if the consumer prevails. During the consultation, the attorney explains possible outcomes and builds a strategy based on your specific case facts.
What the Texas Lemon Law Covers
Texas lemon law is codified under Texas Occupations Code Chapter 2301 and administered by the Texas Department of Motor Vehicles (TxDMV). A qualifying defect must substantially impair the vehicle’s use, market value, or safety and must fall within the manufacturer’s written warranty.
Covered vehicles under Texas lemon law include:
- New cars, trucks, vans, SUVs, and motorcycles under a manufacturer’s written warranty
- All-terrain vehicles (ATVs), motor homes, towable recreational vehicles (TRVs), and neighborhood electric vehicles
- Demonstrator vehicles not previously titled, which are treated as new
- Used vehicles still under the original manufacturer’s written warranty (repairs only; repurchase and replacement are not available for used vehicles)
Vehicles must have been purchased or leased from a licensed Texas dealer or lessor. Private party sales are not covered, and commercial vehicles or those with substantial modifications are generally excluded.
The Three Statutory Tests for a Qualifying Defect
Texas lemon law sets three separate tests. Meeting any one of them may qualify a vehicle for relief. All three involve specific mileage and timing windows, so tracking repair dates and odometer readings from the first visit matters.
Test 1: Four-Attempt Test.
Four repair attempts for the same or a similar defect. The first two must occur within 12 months or 12,000 miles of delivery. The third and fourth must occur within 12 months or 12,000 miles of the second repair attempt.
Test 2: Serious Safety Hazard.
Two repair attempts for a defect defined as a life-threatening malfunction that substantially impedes the driver’s ability to control the vehicle or creates a serious risk of fire or explosion. The first attempt must fall within 12 months or 12,000 miles of delivery; the second within 12 months or 12,000 miles of the first attempt.
Test 3: 30-Day Out-of-Service Rule.
The vehicle has been out of service for a cumulative 30 or more days due to warranty repairs within the first 24 months or 24,000 miles. Days when a comparable loaner vehicle was provided don’t count toward the 30-day total.
Eligibility also requires that the owner reported the defect to the dealer within the warranty term and provided the manufacturer written notice of the defect with a final opportunity to repair. Certified mail is recommended for that notice.
Remedies Available Under Texas Lemon Law
If TxDMV rules in the consumer’s favor, the manufacturer may be required to repurchase or replace the vehicle. Both remedies are subject to a reasonable allowance for use (RAFU), a deduction calculated based on mileage at the time of the hearing.
- Repurchase covers the original purchase price, taxes, title, and license fees, minus the RAFU deduction
- Replacement provides a comparable vehicle, also subject to a usage allowance
TxDMV’s goal is to issue a final order within 150 days after the complaint is filed and the filing fee is paid. When the Texas state filing window has closed, the federal Magnuson-Moss Warranty Act, which covers consumer products sold with a written express warranty, can provide an additional path to recovery. The Texas Deceptive Trade Practices Act (DTPA) and Texas Uniform Commercial Code may also apply depending on the circumstances; UCC claims carry a four-year statute of limitations.
The Texas Lemon Law Administrative Process
Texas lemon law claims move through an administrative process, not civil court. The consumer files a complaint with TxDMV’s Lemon Law Section along with a $35 filing fee and must provide the manufacturer written notice of the complaint and a final opportunity to repair the vehicle.
TxDMV assigns a staff case advisor who reviews the complaint for completeness and eligibility and attempts to resolve the matter through mediation. If mediation fails, the case is referred to the State Office of Administrative Hearings (SOAH), where an independent hearing examiner reviews evidence from both parties and issues a written decision within 60 days after the close of the hearing. TxDMV then issues the final order. Either party may appeal to a Travis County, Texas State District Court. For procedural questions, TxDMV’s Lemon Law Section can be reached at (877) 315-3666.
Frequently Asked Questions
What Vehicles Are Covered Under the Texas Lemon Law?
New cars, trucks, vans, SUVs, motorcycles, ATVs, motor homes, towable recreational vehicles, and neighborhood electric vehicles under a manufacturer’s written warranty are covered. Demonstrator vehicles not previously titled qualify as new. Commercial vehicles and those with substantial modifications are generally excluded. Used vehicles still under the original manufacturer’s warranty may qualify, but relief is limited to repairs only.
How Many Repair Attempts Are Required Before a Vehicle Qualifies?
There are three separate thresholds: four attempts for the same defect (with specific 12-month and 12,000-mile timing constraints), two attempts for a serious safety hazard, or 30 cumulative days out of service within the first 24 months or 24,000 miles. Meeting any one of the three may qualify the vehicle for relief.
What Resolution Options Are Available?
If TxDMV rules in the consumer’s favor, available remedies may include repurchase (refund of purchase price, taxes, title, and registration, minus a usage deduction) or replacement with a comparable vehicle (also subject to a usage deduction). The remedy depends on the hearing examiner’s findings and the specific facts of the case.
Does the Texas Lemon Law Apply to Used Vehicles?
Used vehicles still under the original manufacturer’s written warranty may qualify, but the state lemon law limits relief to repairs only. Repurchase and replacement aren’t available under the Texas statute. The Magnuson-Moss Warranty Act may provide additional recourse depending on the circumstances.
How Does the Hearing Process Work?
After the complaint is filed, a TxDMV staff case advisor attempts mediation. If that doesn’t resolve the matter, the case goes to the State Office of Administrative Hearings (SOAH), where an independent hearing examiner reviews evidence from both parties and issues a written decision within 60 days. TxDMV issues the final order, which may be appealed to Travis County District Court.
If you believe you may have a lemon law claim in Texas, contact National Lemon Law Center. We’ve helped over 19,000 consumers and recovered more than $70 million. Our affiliated attorneys take cases at no upfront cost and work toward the best possible outcome for your situation. Call (877) 315-3666 to speak with a lemon law attorney in Texas today.
Helping People Nationwide
Read Our Customer Reviews
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"I think highly of their services and would recommend them for any lemon law case."In 2013, I leased a high-end car, but immediately discovered a number of problems, especially sudden braking or sudden acceleration. After taking the car to various authorized dealerships, none were able to fix the problem. The manufacturer was unwilling to admit that a problem existed. After talking with a number of attorneys, I was impressed that Alex concentrated on lemon-law cases. I sent Alex all of my detailed records, he gave me a likely timeframe, and he was able to get the manufacturer to take the car back within that time-frame. I think highly of his services and would recommend him in such lemon-law cases.Wes
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"I was screwed on a new car and they helped get a refund!"I got screwed on a new car. After fighting the dealership on my own for 6 months and getting nowhere, Alex was able to get me a refund within a reasonable amount of time (about six months, without court). I will use him again if I have to.Jordan R.
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"National Lemon Law Center provided me excellent service during the entire process."My initial hearing with the State Attorney General was dismissed, and I decided to give it one more try through an attorney.I initially contacted the firm in early February 2013. They responded in three days requesting for documents necessary to review the case. Once I sent them the documents, they responded within a week to let me know that they will take the case. by mid-March, they let me know that they are working with the car company. Yesterday (4/16/13), I went out to my local dealership for them to buyback my car. They paid for the remaining balance of my loan, and paid me the difference in check.Throughout the whole process, Mr. Simanovsky directly communicated with me through either by phone or e-mail to let me know what was going on, which I found to be very pleasantly surprising.This was the kind of service that you always hope for, but not normally expected to receive.Thomas B.