New Braunfels Lemon Law

Texas Lemon Law claims are not filed in court — they are filed administratively with the Texas Department of Motor Vehicles, Enforcement Division (Lemon Law Section) in Austin. New Braunfels residents submit the complaint and $35 filing fee through the TxDMV online portal, after which a case examiner schedules mediation and, if needed, an administrative hearing. Hearings are typically held at TxDMV offices in Austin or by video. A final TxDMV order may be appealed to a Travis County or Comal County district court, but the agency proceeding has to come first under Tex. Occ. Code § 2301.604.

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 persists. The serious-safety-hazard test is met when a life-threatening defect has been the subject of two or more attempts and continues. The 30-day test is met when the vehicle has been out of service for warranty repair for a cumulative 30 or more days, with at least two attempts in the first 12 months or 12,000 miles. Keep every New Braunfels-area repair order to prove the dates and mileages.

Texas has one of the shortest lemon-law deadlines in the country. Under Tex. Occ. Code § 2301.606, a complaint must be filed with TxDMV within six months following the earliest of (a) the express warranty's expiration, (b) 24 months from delivery, or (c) the date your odometer reaches 24,000 miles. Missing this six-month window forfeits the TxDMV remedy. Separate claims under the federal Magnuson-Moss Warranty Act or the Texas Deceptive Trade Practices Act follow longer limitations periods but must be filed in court rather than at TxDMV.

The TxDMV Lemon Law covers cars, trucks, motorcycles (700cc or larger), motor homes, neighborhood vehicles, all-terrain vehicles, and towable recreational vehicles bought or leased in Texas and still under the manufacturer's original written warranty. Heavy-duty pickups bought for Hill Country ranch, towing, or trailering use are covered, provided the defect substantially impairs the vehicle's use or market value or creates a serious safety hazard. Commercial weight-class trucks above the manufacturer's GVWR limits may fall outside the statute and instead rely on Magnuson-Moss or Texas DTPA claims.

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 terminates the lease and apportions the refund — including a reasonable allowance for your use — between you, the lessor, and any lienholder. The refund covers your down payment, monthly payments made, and other lease charges. You still must satisfy one of the three repair tests, give written notice to the manufacturer, and file within the six-month deadline measured from the earliest of warranty expiration, 24 months, or 24,000 miles.

Yes. Tex. Occ. Code § 2301.606 requires the manufacturer to receive written notice of the defect and at least one opportunity to cure before TxDMV can find a violation. New Braunfels owners typically send the notice by certified mail to the manufacturer's customer-assistance address listed in the owner's manual, copied to the selling dealer. Keep proof of mailing. If the manufacturer fails to fix the vehicle after that final attempt, you can then file the TxDMV complaint, attach the certified-mail receipt, and proceed to mediation under TxDMV procedures.

If TxDMV rules in your favor, the manufacturer must repurchase the vehicle (refunding the full purchase price including sales tax, title, and registration, less a reasonable allowance for your use under 43 Tex. Admin. Code Ch. 215), replace it with a comparable vehicle, or perform additional repair if the defect can still be cured. TxDMV may also order reimbursement of incidental expenses caused by the defect. The Lemon Law itself does not authorize treble or punitive damages — consumers seeking those typically add a Texas Deceptive Trade Practices Act claim or a federal Magnuson-Moss claim that allows attorney's fees.