The Texas lemon laws were created to ensure that the rights of consumers were protected in case where a faulty automobile was purchased and numerous attempts from the manufacturer to rectify such defects are in vain; in this scenario the consumer has the right to demand a refund or a replacement from the manufacturer under the lemon laws in Texas. The law was enacted in 1983 by the Texas legislature and is administered by the Department of transportation and motor vehicle board. The law has a provision for informal mediation and many cases get resolved through these efforts, if the matter if resolved after mediation, the consumer stands to get a refund or a replacement as per the terms of the warranty; however, if the case cannot be resolved after the mediation of the Department of transportation and motor vehicle board between the buyer and the seller, the consumer has the right to move court. If you live in Texas and own a car, then you must know what the lemon laws in Texas allow.
Texas lemon laws not only cover all types of vehicles such a recreational vehicles, motorcycles, mobile homes, trucks, vans and all terrain vehicles. However, the la does not apply t the purchase of used vehicles, repossessed automobiles, boats, non travel trailers, or agricultural equipment. Then there are also specific conditions that need to be satisfied for your car to be considered under these laws and these are:
The car must be new when purchased and it must have developed a serious defect or an abnormal feature over the course of its operations. You must have a written warranty for the vehicle and the defect should have occurred while the warranty is still valid. The car owner must have also given the manufacturer or the dealer a reasonable number of chances to repair such defects and these faults must be serious enough to impede the safety and the functionality of the vehicle. If you are going through a similar experience, you can use lemon laws in Texas to get your just dues from the manufacturer.
The lemon laws of Texas also create a provision for mediation in the matter by the Texas department of motor vehicles and filing a claim with them will be the first course of action. According to the lemon laws in Texas you have 6 months to file a case against the manufacturer demanding compensation after you realize that you have bought a lemon. You need to understand that car disputes are not straightforward cases; there are several complications, complexities and loop holes to handle, so you need to take care of the situation carefully.
When the car dealer refuses to help you after several attempts to sort the problem with the vehicle, ensure that you keep all records, including documented proof of buying the car from that specific dealer, receipts, statements of the problem etc so that you can create a strong case against the manufacturer or the dealer. You will have to take these vital records to the Texas Department of transportation and motor vehicle board; here you can launch a formal complaint about the matter, You will be given a complaint form that will have to be duly filled.
The department then contacts the manufacturer and tries to help both parties resolve the dispute, usually, in several cases a solution is reached at this stage because all parties want to settle the issue, the company does not want the word to go out about one of their defective products and the consumer wants the matter to be dealt with promptly and since both these purposes are met through the arbitration process, most people like to seek a solution at this stage. However, if you don’t find the solution offered at this stage satisfactory; you can always approach the court. Your case will be presented in front of an administrative law judge and even though representing yourself is an option just like in all types of legal proceedings; it is highly recommended that you get the help of an attorney who is well versed with the lemon laws in Texas.
Seomul evans is a Website Marketing consultant for Texas Lemon Law.
