The Texas Lemon Law protects consumers who purchase or lease new vehicles with recurring defects covered under the manufacturer’s warranty. This “Texas Car Buy Back Program” can help you get a refund, replacement, or repair. Understanding this law can save you time and money compared to pursuing legal action.
What Vehicles Qualify for the Texas Lemon Law?
The Texas Lemon Law covers new cars, trucks, vans, motorcycles, ATVs, motorhomes, towable recreational vehicles (TRVs), and neighborhood electric vehicles with defects covered by the manufacturer’s written warranty. Demonstrator vehicles without a prior title are also considered new.
This “Texas car buy back program” does not apply to used vehicles, repossessed vehicles, non-travel trailers, boats, or farm equipment. Minor issues like rattles or radio static that don’t significantly impact the vehicle’s use or value are also excluded.
Used Vehicle Protection Under Texas Law
While the Texas Lemon Law focuses on new vehicles, used cars might still be covered under other Texas laws concerning warranty performance. If your used vehicle is still under the manufacturer’s original warranty (not an extended warranty) or if a defect reported during the original warranty period persists, you might be eligible for assistance.
Is Your Car a Lemon? Six Key Criteria
To qualify for the Texas car buy back program, your vehicle must meet all these conditions:
- Substantial Manufacturing Defect: The defect must significantly impact the vehicle’s use, value, or safety.
- Warranty Coverage: The defect must be covered under the manufacturer’s written warranty.
- Timely Reporting: Report the defect to the dealer or manufacturer within the warranty period.
- Reasonable Repair Attempts: Allow the dealer a reasonable number of tries to fix the problem.
- Written Notice to Manufacturer: Send written notice (certified mail recommended) to the manufacturer about the defect and give them a chance to repair it.
- Persistent Defect: The problem continues and significantly impairs the vehicle’s use, value, or poses a safety risk.
Determining “Reasonable Repair Attempts” in Texas
The Texas Lemon Law defines “reasonable repair attempts” using three tests:
The Four-Times Test
The defect hasn’t been fixed after four repair attempts for the same issue within the first 24 months or 24,000 miles (whichever comes first).
The Serious Safety Hazard Test
A life-threatening malfunction that significantly hinders vehicle control or poses a fire/explosion risk hasn’t been fixed after two attempts within the first 24 months or 24,000 miles (whichever comes first).
The 30-Day Test
The vehicle has been out of service for repairs for 30 days or more (cumulative) within the first 24 months or 24,000 miles due to a warranty-covered defect (time with a comparable loaner vehicle doesn’t count).
Lemon Law Complaint Filing Deadline
File your complaint within six months of the earliest of these events:
- Warranty expiration.
- 24 months after purchase.
- 24,000 miles after delivery (excluding TRVs).
File as soon as you realize the dealer is struggling to fix the issue.
Outcomes of a Successful Lemon Law Claim
If your claim is successful under the Texas car buy back program, you may be entitled to:
Refund
The manufacturer buys back the vehicle for the purchase price (including taxes, title, and license fees) minus a usage fee based on mileage and other factors (interest paid is not included).
Replacement
The manufacturer replaces the defective vehicle with a comparable model (usually the same make, model, and accessories) minus a deduction for mileage. You are responsible for the cost of any upgrades you added to the original vehicle.
Repair
The manufacturer repairs the defects and may reimburse you for out-of-pocket repair expenses that should have been covered under warranty.
Conclusion
The Texas Lemon Law provides a crucial safety net for consumers facing persistent vehicle defects. Understanding your rights under this “Texas car buy back program” can help you navigate the process effectively and potentially recoup your investment.
