subject: The Texas Lemon Law [print this page] The term 'Lemon Law' in Texas is generally used to describe an administrative proceeding of the Texas Department of Transportation.These proceeding contains many rules and requirements that consumers must follow and often times may not provide consumers with the simple and effective relief they seek from their lemon vehicles.
Fortunately, there are other Texas laws which allow a buyer of a defective vehicle to make an effective claim against a manufacturer or dealership.These laws may be used by buyers to get rid of their defective lemon vehicles or obtain a refund.
The success of these laws is based on
The extent of the defects in the vehicle indicated by how many times the vehicle had been tothe repair shop
How longthe vehicle had been inthe repair shop due to the repairs attempted
Under the Texas lemon law and federallawyou may be able to obtain a refund and recover attorneys' fees. These remedies andrecoveriesare available regardless of whether the repairs were free under the vehicle's warranty.
While the Texas lemon law is designed to provide a solution for defective vehicles, the Federal laws provide general protection. Federal laws provide consumer protection against defective products, but are not specific to cars and trucks. The Texas lemon law is specific for defective vehicles. The Texas lemon law differs from other states regarding the number of repair attempts and the amount of time it takes to repair the vehicle. Lemon laws generally cover mechanical and safety defects.
The Magnuson-Moss Warranty Act - The Federal Lemon Law
The Magnuson-Moss Warranty Act is a federal law that protects consumers against defective products. The Magnuson-Moss Warranty Act was designed to protect consumers against all types of products and was not specifically designed for automobiles. The law provides a lot of protection against warranty provisions as well as remedies to repair product defects.
Part of the Magnuson-Moss Warranty Act requires the manufacturer to provide a remedy by:Repairing the defect in the vehicleReplacing the defective vehicleRefund the defective vehicle minus the depreciationThe Magnuson Moss Warranty Act: The Magnuson Moss Warranty Act is a federal warranty law which Texas consumers may use in order to obtain recovery for their defective vehicles if their vehicle fails to comply with the Texas lemon law regarding the number of repair attempts and the amount of time it stayed in the mechanic's garage for the repairs attempted.Lemon law attorney fees under the Magnuson-Moss Warranty ActIf the defective product or vehicle is not remedied by repair, replacement or refund, you can file a lawsuit for damages. If you win the lawsuit, the Magnuson-Moss Warranty Act provides for the vehicle manufacturer to pay your attorney's fees.Other Texas laws that can help you get rid of your lemon vehicleDeceptive Trade Practices Act (DTPA):Under theTexas Deceptive Trade Practices Act buyersof defective vehicles may be able to recover monetary damages from a manufacturer or dealership. The DTPA is an effectivetool for buyers toassert their rights because they purchased/leased a vehicle that failed to perform the way it was expected to. Texas Uniform Commercial Code/Business and Commerce Code:Under the Texas Uniform Commercial Code a buyer may be able to undo the sales transaction and return a defective vehicle. The Texas Lemon LawBy: JohnKevin
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