Lemon Law in Texas & California
Your State’s New Car Lemon Laws provide legal recourse for customers who are buyers or lessees of new cars and sometimes “used” cars that turn out to be “lemons.” If a car does not conform to the terms of its written warranty and the manufacturer OR its authorized agent is unable to repair the car after a reasonable number of attempts, a customer is entitled to a refund or replacement.
Cars covered by the law include any car that:
- Was covered by a warranty at original delivery; AND
- Was purchased, leased or transferred within the earlier of 18,000 miles or two years from the date of original delivery; AND
- Was either purchased, leased or transferred in your current state or is presently registered in the state; AND
- Is used primarily for personal purposes.
Duty to Repair:
A reasonable chance for a manufacturer or its authorized agent to repair a problem for a new car is considered to be:
- Four or more attempts to repair and the problem continues to exist; OR
- The car is out of service by reason of repair of one or more problems for a cumulative total of 30 days or more.
Exceptions when manufacturers may not be required to provide a refund or replacement:
- The problem does not substantially impair the value of the car to the consumer; OR
- The problem is a result of abuse, neglect or unauthorized alteration of the car.
What consumers should do if they become aware of a problem with the car:
- Immediately report any defect or “condition” either directly to the manufacturer or to its authorized dealer. If the consumer reports the problem to the dealer, the law requires the dealer to forward written notice to the manufacturer within seven days.
- Keep careful records of all complaints and copies of all work orders, repair bills and correspondence.
- Contact the Department of Motor Vehicles if there are problems obtaining repair orders.
Whether you’ve gone through all these steps or not, we can help.
Lemon law can seriously affect your life by preventing you from being trapped without transportation. Call the Law Offices of Craig Zimmerman now, or use the chat below to get started.
