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Texas Lemmon Law

AWARDS & RECOGNITION

Attorney at law magazin award
Best Lawyers Ones to Watch Award
Super Lawyers Rising Star Award
The National Trial lawyers award

The Texas “Lemmon Law” was enacted by Texas Legislation in 1983 and upheld in 1985 by the federal appeals court, and is administrated by the Texas Department of Motor Vehicles. The law assists consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired, repurchased, or replaced.

WHAT DOES THE “LEMMON LAW” COVER?

New Vehicles: Cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs) and neighborhood electric vehicles. The new vehicle has to be purchased or leased from a Texas licensed dealer or lessor that develop problems covered by a written factory warranty.

WHAT DOES IT NOT COVER?

The law does not cover used, repossessed vehicles, non-travel trailers, boats, or farm equipment. It does not cover problems that were caused by the owner’s abuse, neglect or unauthorized changes to the vehicle. Also, the problem has to substantially impair the use or market value of the vehicle (for example: it does not cover stereo problems, window tints, etc…). The relief to used motor vehicles buyers is limited to repairs only and that is if the vehicle is still under the original factory warranty.

WHAT DOES “REPEATED PROBLEMS” MEAN?

The problem is a defect or a condition covered under the written manufacture warranty and is reported to the dealer or manufacturer within the warranty time. Once reported, the owner has to give the dealer or manufacturer a reasonable number of attempts to repair the defects or conditions.

WHAT IS A “REASONABLE NUMBER OF ATTEMPTS”?

There are three different tests that are used to determine how many chances a dealer has to fix a defect.

FOUR-TIMES TEST

If you take the vehicle to the dealership for repairs:
2 times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and;
2 times more during the 12 months or 12,000 miles following the first repair attempt and
The problem is still not repaired.

SERIOUS SAFETY-HAZARD TEST

If you take the vehicle to the dealership for repairs:
1 time the first 12 months or 12,000 miles, whichever comes first, and;
1 more during the 12 months or 12,000 miles following the first repair attempt and;
The problem is still not repaired.

30-DAY TEST

If the vehicle, covered by the original factory warranty, has been out of service for repair because of problems for a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and you were not provided with a comparable loaner vehicle and;
The were 2 repairs during the first 12 months or 12,000 miles immediately after delivery and;
A substantial problem still exists.

WHAT IS THE DEADLINE TO FILE A COMPLAINT?

The complaint must be Filed within (6) months following the EARLIER of:
Expiration of the express warranty term;
24 months; or
24,000 miles following the date of delivery of the vehicle.

WHERE AND HOW TO FILE?

You can visit http://www.dmv.org/tx-texas/automotive-law/lemon-law.php to obtain additional information.

You can mail your complaint to:

  • Texas Department of Motor Vehicles
  • PO Box 13044
  • Austin, TX. 78768

You have to provide the manufacturer, converter, or distributor with a 30 day notice via Certified Mail Return Receipt Requested prior to you submitting a complain form.

BEST PRACTICES:

Keep all your purchase documents in a folder and maintain all your repair paper works. Take pictures and videos of the problem to evidence an ongoing issue. Provide the pictures and videos to the dealership in order for them to regenerate the problem. Communicate in writing with the dealership if you feel like the issue is going to be an ongoing problem. File a complaint as soon as you think the matter might escalate however; before you do inform the dealership of your intentions. Lemmoning a vehicle could be a lengthy and difficult process, thus try to resolve the problem with the manufacturer or dealership prior to filing a complaint.

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Call us 24/7 at 972-793-8500 or fill out the form below to receive a free and confidential initial consultation.

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Testimonials

Elizabeth Ontiveros
Elizabeth Ontiveros
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Chalaki Law went above and beyond in my case. I HAD THE BEST REPRESENTATION!! They fought for my case until they finally got justice for me. I felt very positive all through my case knowing Sean, Shawn, and Robert had my back. I truly recommend Chalaki Law. Thank you for all you've done for me. Google Logo
Rolando Morales
Rolando Morales
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I wanted to say thank you to Chalaki Law for doing a great job on my case. All of the employees are very kind and ready to help you with anything. I recommend anyone who has gotten into a car accident to call Chalaki Law because they defend your rights, thanks to them I won my case. Google Logo
Rashad Haiddar
Rashad Haiddar
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These guys were professional and got me thru a very hard time , mr Hashemi was my attorney at Chalaki law and I couldn't be more impressed with the service. Mr Hashemi is great at business litigation cases. Highly recommend them for any business dealing or disputes. Google Logo
Tammy Garcia
Tammy Garcia
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Sean Chalaki and his team are an awesome group of people!!! They exceeded my expectations and were extremely professional and responsive through my whole experience. I definitely recommend them!!!! Google Logo
Tasha Jackson
Tasha Jackson
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Chalaki Law did an amazing job handling my car accident case. I could not have asked for better care and promptness. Keep up the good work. Google Logo
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Meron G
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Love their service, professional and aware of the little details that affects their customers cases. We are using their service second time since we were happy few years ago. Google Logo
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Maritza Oviedo
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I loved Sean. He is such a great person & lawyer. He did such a great job with our case. I would use him again. Very professional. Google Logo
Rick Jennings
Rick Jennings
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I had the best experince ever with my law office of Sean Chalaki my lawyer josh and team made me feel welcomed.i came in with a DWI that i did not do and they didnt stop until they got me out of trouble with nothing on my record if u need help and need a law office that will fight for u give them a call. Google Logo
Jackie Munoz
Jackie Munoz
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I couldn't have asked for a better representative then the Offices of Sean Chalaki. Sean and Rocio handled my case amazingly and made me feel reassured of everything. Google Logo
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Integrity is doing what we say we'll do. Sean Chalaki is most definitely a lawyer of integrity. Google Logo
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Leysha Cherish
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They were amazing throughout my experience. Very helpful and made sure I was kept up to date and happy the entire process. Google Logo

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