Texas Lemon Law Guide: Your Rights Under Texas Lemon Law

What Is the Texas Lemon Law? The Texas Lemon Law, codified at Tex. Occ. Code § 2301.601 et seq., protects buyers of new motor vehicles when those vehicles have substantial defects that the manufacturer cannot fix within a reasonable number of repair attempts. The law requires manufacturers to provide an informal dispute settlement arbitration program and establishes objective thresholds that, when met, create a presumption that the vehicle is a "lemon." The Texas Department of Motor Vehicles TXDMV administers consumer information about the law and offers guidance on filing a claim see the TXDMV Lemon Law page. A successful lemon law claim in Texas typically results in a manufacturer's refund of the purchase price or replacement of the vehicle. The refund is calculated to include amounts paid by the consumer purchase price, taxes, license, registration, and certain collateral charges less an allowance for the consumer's use of the vehicle prior to the first repair attempt for the defect. Texas law also interacts with federal consumer protection statutes, notably the Federal Magnuson-Moss Warranty Act, which can provide additional remedies in federal court for breach of warranty claims. For a primer on national warranty protections, see our resource on the Magnuson-Moss Act /resources/magnuson-moss-warranty-act/. Which Vehicles Qualify Under Texas Lemon Law? Texas law applies only to new motor vehicles that are sold or leased to consumers and that are still covered by the manufacturer's written warranty. The key qualification elements are: the vehicle must be new Texas does not extend lemon law protection to used vehicles, the defect must occur during the express warranty period, and the vehicle must have been delivered to the original purchaser in Texas or the purchaser must have registered the vehicle in Texas. The statutory coverage period is the earlier of 24 months from the date of original delivery or 24,000 miles on the odometer Tex. Occ. Code § 2301.604. If you purchased a used vehicle, you are not covered by the Texas Lemon Law; however, you may have other remedies under resale warranties, dealer obligations, state consumer-protection statutes, or under federal warranty law depending on the circumstances. For a step-by-step overview of filing a claim under any applicable law, see How to File a Lemon Law Claim /resources/how-to-file-a-lemon-law-claim/. How Many Repair Attempts Are Required in Texas? Texas law sets objective thresholds that create a presumption the manufacturer cannot repair the vehicle. Meeting any one of the thresholds generally qualifies the vehicle as a lemon for purposes of pursuing a refund or replacement. The statutory thresholds are summarized in the following table. | Situation | Threshold creates presumption of a lemon | Statutory reference | |---|---:|---| | Same nonconformity same defect | 4 repair attempts for the same defect | Tex. Occ. Code § 2301.602 | | Out-of-service days | 30 cumulative days of