Legal

Texas Lemon Law: Deadlines, Repair Rules and How to File

When a new car counts as a lemon in Texas, the 4-visit, safety and 30-day tests, the six-month filing deadline, and a checker that works out your dates.

If your new car, truck, motorcycle or RV keeps going back to the shop for the same problem, Texas’s lemon law can get you a repair, a replacement or your money back. The Texas Department of Motor Vehicles (TxDMV) runs the process, and you don’t need a lawyer to file.

At a glance

Covers
New vehicles with a manufacturer's warranty
Repair tests
4+ visits, or 2+ for a safety hazard, or 30+ days in the shop
Repair window
Warranty end or 24 months / 24,000 miles, whichever is first
Filing deadline
6 months after that window closes
Where to file
TxDMV, Lemon Law section

Texas lemon law checker

A first check, not a ruling. Only repairs of the same defect, covered by the manufacturer's warranty and made inside the window, count. TxDMV decides each case. Not legal advice.

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The three tests

Texas presumes the manufacturer had a fair chance to fix the problem if any one of these is true, counting only repairs before the warranty ends or 24 months or 24,000 miles from delivery:

  1. Four visits. The same problem was repaired 4 or more times and is still there.
  2. Safety hazard. The problem could cause a crash or injury, and it was repaired 2 or more times and is still there.
  3. Thirty days. The problem substantially hurts the vehicle’s use or value, and it has been in the shop a total of 30 or more days. Days you had a comparable loaner from the manufacturer don’t count.

Before you file

  • Keep every repair order. Each one should show the date, the mileage and the problem you reported.
  • Report the problem the same way each time, so the visits clearly count as the same problem.
  • File with TxDMV well before the deadline. The checker above works out your date.

Sources

  1. Tex. Occ. Code § 2301.605 (presumption of a reasonable number of repair attempts)
  2. Tex. Occ. Code § 2301.606 (written notice, opportunity to cure, six-month filing deadline)
  3. TxDMV: Lemon Law

Common questions

How many repair attempts make a car a lemon in Texas?

The law presumes the manufacturer had a fair chance if the same problem was repaired 4 or more times, or 2 or more times for a serious safety hazard, or the vehicle spent 30 or more days in the shop, all before the warranty ends or 24 months or 24,000 miles from delivery, whichever comes first.

What is the deadline to file a lemon law complaint in Texas?

Six months after the earliest of: the end of the express warranty, 24 months after delivery, or 24,000 miles.

Do I have to tell the manufacturer first?

Yes. The manufacturer must get written notice of the problem and a chance to fix it before TxDMV can order a refund or replacement. Certified mail gives you proof.

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