What is the motor vehicle lemon law in Texas? Here’s the key point you need to know: The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer’s original warranty.
Texas Lemon Laws protect consumers if their new car has defects. Texas lemon laws mandate compensation if a consumer purchases a lemon, provided the issue occurs within one year or the first 12,000 miles, whichever comes first. Below, we review what these laws are, how they work, and what to do if your car is a “lemon.”
Is your car causing you trouble? Texas Lemon Laws could help. Whether you bought or leased a new car, if it has ongoing issues, these laws could make it easier to get your car repaired, replaced, or refunded. Specifically, we will discuss:
Brief Overview of Lemon Law in Texas
Texas Lemon Laws, such as those in Texas Occupations Code § 2301, protect buyers of new cars with defects. These laws are managed by the Texas Department of Motor Vehicles (TxDMV). Since 1983, they’ve helped many Texans get refunds or replacements for faulty cars. Here’s what they do:
- Purpose: Protect buyers from cars with major defects.
- Managed by: Texas Department of Motor Vehicles (TxDMV).
- Impact: Over $121 million recovered through refunds and replacements.
If your new car has issues that can’t be fixed, these laws ensure you get what you paid for.
Is There a Texas Used Car Lemon Law?
Your used vehicle may be covered under current state laws. The Texas Lemon Law primarily applies to new vehicles but can also apply to used cars in certain situations. Specifically, the law covers used vehicles that are still under the manufacturer’s original warranty at the time of purchase. For a used car to be eligible, it must have been sold as new in Texas, and the warranty must remain in effect when the vehicle experiences issues requiring repairs. However, the law does not extend to used cars sold “as-is” or without any warranty.
If a used car is covered by a written warranty or service contract, consumers may seek protection under the Lemon Law if they encounter recurring problems that remain unresolved despite multiple repair attempts
Texas Lemon Law for Used Cars Past Manufacturer’s Warranty
In cases where the used vehicle is outside the original manufacturer’s warranty, other consumer protection laws, such as the Texas Deceptive Trade Practices Act (DTPA), may provide legal options for recourse. This framework helps ensure that consumers have avenues to address significant issues with used cars, even if the Lemon Law does not apply directly.
How TX Lemon Laws Protect Consumers
Lemon Laws are important because they:
- Protect consumers: Prevent buyers from being stuck with defective cars.
- Ensure fair treatment: Make sure manufacturers honor warranties.
- Build trust: Keep the car market fair and reliable.
In short? Lemon Laws give you confidence when buying a car, knowing you’re protected if something goes wrong.
If you were injured in an accident involving a defective motor vehicle, the team at SJW is here to help. Please contact us for a free consultation by calling (512) 382-7707 or click one of the GET FREE CONSULTATION buttons on this page!
What Do Texas Lemon Laws Cover?

Texas Lemon Laws cover new vehicles, including:
- Cars, trucks, vans
- Motorcycles
- All-terrain vehicles (ATVs)
- Motor homes
- Towable Recreational Vehicles (TRVs)
Demonstrator vehicles, used by dealerships for test drives, are also covered. The key is that the issue must be covered by the manufacturer’s warranty.
What Is a Lemon Car in Texas?
In Texas, a car is considered a “lemon” if:
- It has a substantial defect covered by the manufacturer’s warranty.
- The defect persists despite multiple repair attempts.
Key Criteria
- Impairment: The defect must affect the car’s use, value, or safety.
- Repair Attempts: The dealer has tried to fix the problem but failed.
Examples include:
- Serious safety issues (like faulty brakes)
- Major functional problems (like engine failure)
- Significant cosmetic damage that can’t be fixed
If your new car has these problems, you may qualify for a replacement, refund, or repair under Texas Lemon Laws.
What Do I Need to Know About My Lemon Law Rights in Texas?
How Do I Know If My Vehicle Is a Lemon?
To be considered a lemon, your vehicle must:
- Have a significant defect.
- Be covered by the manufacturer’s warranty.
- Be reported to the dealer or manufacturer within the warranty period.
- Have been given multiple chances for repair.
- Have received written notice from you, giving the manufacturer a chance to fix the defect.
Important: The defect must significantly affect the car’s use, value, or safety.
How Many Chances Does the Dealer Get to Fix the Problem?
Texas law says a reasonable number of repair attempts includes:
- Four-Times Test: The defect persists after four repairs in the first 24 months or 24,000 miles.
- Serious Safety-Hazard Test: A serious safety defect remains after two repairs in the first 24 months or 24,000 miles.
- 30-Day Test: The car is out of service for 30 days or more within the first 24 months or 24,000 miles.
Filing a Lemon Law Complaint
You must file a complaint within six months of:
- The warranty expiration date,
- 24 months after purchase, or
- 24,000 miles after delivery.
File the complaint as soon as you realize the dealer cannot fix the car’s problems.

Essential Steps to Protect Your Vehicle Investment
Taking proactive steps can help you avoid problems or handle them more effectively if they arise:
Know Your Warranty
- Review Your Warranty and Owner’s Manual: Understand what parts and systems are covered by the manufacturer’s warranty.
Addressing Vehicle Issues
- Visit Your Dealer: If your vehicle has a problem, take it to your dealer. Clearly describe the issue, and make sure it’s accurately noted on the repair order.
- Verify Repairs: Confirm that the problem has been fixed. If not, return the vehicle for additional repairs.
Keeping Records
- Document Everything: Keep a log of all issues, including dates, symptoms, and communications. Save all repair orders and other relevant documents.
- Stay Updated: Regularly check for technical service bulletins (TSBs) and recall information from the manufacturer and the National Highway Traffic Safety Administration (NHTSA).
Communication and Maintenance
- Communicate Clearly: Maintain good communication with your dealer’s service department.
- Follow Maintenance Schedules: Stick to the maintenance schedule in your owner’s manual to prevent issues and maintain warranty coverage.
Legal Actions & Available Remedies in Texas Lemon Law
What Happens If I Win?
If you win your case, the TxDMV may order:
- Refund: The manufacturer buys back the car, minus a fee for the mileage used.
- Replacement: The manufacturer provides a comparable new vehicle.
- Repair: The manufacturer fixes the defect and reimburses you for expenses.
Additional Legal Considerations
- Dispute Resolution: TxDMV can help mediate to resolve the issue.
- Hearing: If mediation fails, a hearing examiner will review the case. Prepare thoroughly and bring any witnesses.
- Final Decision: You can appeal if you disagree with the final order.
Contacting the Texas Department of Motor Vehicles
If you have questions or need further assistance, contact the Texas Department of Motor Vehicles (TxDMV):
- Phone: 888-368-4689
- Website: TxDMV.gov
The TxDMV can provide more information on your rights under the Texas Lemon Law and the steps you need to take to file a complaint.
Frequently Asked Questions (FAQs)
1. What qualifies a vehicle as a “lemon” in Texas?
A vehicle is considered a lemon if it has a substantial defect covered by the warranty, and the problem persists after a reasonable number of repair attempts.
2. How many repair attempts does it take for a vehicle to be considered a lemon?
Typically, a vehicle is considered a lemon after four unsuccessful repairs, two for serious safety issues, or if it’s out of service for 30 days.
3. What types of vehicles are covered under Texas Lemon Laws?
New cars, trucks, vans, motorcycles, ATVs, motor homes, and demonstrator vehicles are covered, provided the defect is under warranty.
4. How long do I have to file a Lemon Law complaint?
You must file within six months of the warranty expiration, 24 months after purchase, or 24,000 miles—whichever comes first.
5. Can I get a refund for a leased vehicle under the Lemon Law?
Yes, the law covers leased vehicles. The manufacturer may be required to terminate the lease and reimburse the lessee.
Texas Lemon Laws ensure you don’t get stuck with a defective vehicle. By understanding your rights and following the necessary steps, you can protect your investment and get the quality you deserve. Keep detailed records and know your options to make the process smoother.
Can SJW Help With My Lemon Law Accident Injury Settlement?
While we don’t specialize in Texas Lemon Laws, our Austin personal injury lawyers can help with car accident cases, even if they involve a lemon vehicle. For a free consultation, contact Sandoval & James Car Accident & Injury Lawyers at (512) 382-7707 or email us. We’re here to help you understand your rights and options.
Sources:
- Texas State Law Library Legal FAQs: https://www.sll.texas.gov/faqs/texas-lemon-law/
- TEXAS OCCUPATIONS CODE TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION: https://statutes.capitol.texas.gov/SOTWDocs/OC/htm/OC.2301.htm#M
- Texas DMV, Texas Lemon Law:https://www.txdmv.gov/motorists/consumer-protection/lemon-law