Texas Lemon Law

The Texas Lemon Law covers new vehicles — cars, trucks, motorcycles (700cc or larger), motor homes, neighborhood vehicles, all-terrain vehicles, and towable recreational vehicles — purchased or leased in Texas and still under the manufacturer's original written warranty. The defect must substantially impair the vehicle's use or market value, or create a serious safety hazard, and you must have given the manufacturer or its dealer a reasonable number of repair opportunities. Used vehicles can qualify only if the defect arose while the original factory warranty was in force. Buyers of out-of-warranty used cars typically must rely on the federal Magnuson-Moss Warranty Act or the Texas Deceptive Trade Practices Act instead of the Lemon Law administered by TxDMV.

Texas applies three statutory tests, all measured during the first 24 months or 24,000 miles. The four-times test is met when the same defect has been the subject of four or more repair attempts and the problem still exists. The serious safety hazard test is met when a life-threatening malfunction has been the subject of two or more repair attempts and continues. The 30-day test is met when the vehicle has been out of service due to repair for a cumulative 30 or more days, with at least two attempts occurring during the first 12 months or 12,000 miles. You must also have given the manufacturer written notice and one final chance to cure before filing with TxDMV.

Used vehicles can qualify, but only narrowly. The Texas Lemon Law applies when a used vehicle is still covered by the manufacturer's original written warranty (for example, a certified pre-owned car within the original 24-month/24,000-mile window) or when a defect was first reported to a dealer while that warranty was in force and the issue persisted afterward. Texas does not have a separate "used car lemon law" for vehicles sold past the factory warranty. Buyers of older used cars usually pursue claims under the federal Magnuson-Moss Warranty Act, the Texas Deceptive Trade Practices Act, or breach-of-warranty theories rather than the TxDMV Lemon Law process.

Yes. Leased vehicles are covered to the same extent as purchased vehicles, and lessees can file Lemon Law complaints directly with TxDMV. If TxDMV orders a repurchase, it can terminate the lease and apportion the refund — including the reasonable allowance for use — between you, the lessor, and any lienholder. The refund covers the lessee's down payment, monthly payments made, and other amounts paid into the lease, less the use allowance. You must still meet one of the three repair tests, give written notice to the manufacturer, and file your complaint within the six-month deadline measured from the earliest of warranty expiration, 24 months, or 24,000 miles.

Texas has one of the shortest deadlines in the country. Under Tex. Occ. Code § 2301.606, a Lemon Law complaint must be filed with the Texas Department of Motor Vehicles within six months following the earliest of (a) the express warranty's expiration, (b) 24 months from the date the vehicle was delivered to you, or (c) the date your odometer reaches 24,000 miles. Missing this six-month window forfeits your right to pursue relief through TxDMV. Separate claims under the federal Magnuson-Moss Warranty Act or the Texas Deceptive Trade Practices Act follow longer limitations periods (typically four and two years), but they have to be filed in court rather than at TxDMV.

Effectively, yes. The Texas Lemon Law itself is enforced by TxDMV, not the courts — consumers must file a complaint with the TxDMV Lemon Law section, pay the $35 filing fee, and proceed through mediation and, if necessary, an administrative hearing before a TxDMV examiner. The examiner issues a written order on whether the manufacturer must repurchase, replace, or repair the vehicle. Either side may seek judicial review of a TxDMV order in a Texas district court. If you want to skip TxDMV entirely, you generally must rely on a different statute, such as the federal Magnuson-Moss Warranty Act or the Texas Deceptive Trade Practices Act, which can be filed directly in court.

If TxDMV finds in your favor, the manufacturer must either repurchase the vehicle (refund the full purchase price including sales tax, title, and registration, less a reasonable allowance for your use), replace it with a comparable vehicle, or perform additional repair if the defect can still be cured. TxDMV may also order reimbursement of incidental costs caused by the defect. The Texas Lemon Law does not authorize treble or punitive damages; consumers seeking those typically add a claim under the Texas Deceptive Trade Practices Act or pursue the federal Magnuson-Moss Warranty Act, which allows recovery of attorneys' fees and additional damages on top of the Lemon Law remedy.