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Understanding The Texas Lemon Law
Contrary to
what its name suggests, the Texas Lemon Law is not a legislation that deals with
the buying and selling of fruits or rule against its bright color.
It does
not even come close.
Rather it involves the right of American consumers, who
buy vehicles, used or brand new, cars or trucks, to return defective products
and ask for a refund.
Along with the Magnuson-Moss Warranty Act and the
Uniform Commercial Code, the Texas Lemon Law or Lemon Law in general protects
the rights of American citizens to quality products that would give them value
for their money.
In general, the Lemon Law requires car manufacturers and
not car dealers to refund the money a consumer has paid for if a car is found to
be a "lemon." The definition of a "lemon car" is of course different with every
state depending on what the state legislation says. Usually, states differ in
their definition of what a "lemon" car is and the period of warranty that is
given to the consumer.
The Texas Lemon Law, for one, allows for four repair attempts or
30 days out of service for defects that are not so life-threatening. For serious
product defects that pose a serious safety hazard such as problems in the
steering wheel or in the brake, the Texas Lemon Law allows for only two repair
attempts. If after the stated number of repair attempts, the defects have not
been fixed, then a car will considered a "lemon" and therefore eligible for
refund. The repair attempts under the Texas Lemon Law should of course happen
within a period of two years or 24,000 miles whichever comes first for the four
attempts. A period of one year or 12,000 miles is given to defects that affect
the safety of the car.
Similar to other state laws, the Texas Lemon Law also
requires consumers to have their cars fixed in authorized service centers and to
make no unauthorized modification or alterations in the car. This is done to
avoid questions that will be raised by manufacturer as they are accorded the
right to investigate and challenge the claim. If the defect has been found to be
caused by neglect, abuse and alterations not sanctioned by the manufacturer then
no refunds will be given.
Consumers, under the Texas Lemon Law, are also asked to put their
complaint into writing, stating the defects of the car. This is especially
needed if it is stated in the vehicle's manual. Supporting documents should be
kept in hand such as receipt of the purchase, which would state when the car was
bought, repair receipts as well as diagnosis of the problem.
In addition to
refunding the money, the Texas Lemon Law may also invoke the manufacturer to pay
for incidental costs that the consumer has incurred due to the defect in
question such as towing services and even rental of car while the "lemon" is
still in the repair shop. Refunds will also not be given in full. Under the
Texas Lemon Law, the purchase price will be lessened by the equivalent amount of
the mileage that the owner has used the car.
While most companies have good
arbitration programs which they use to cut down legal costs just in case the
complaint goes to court, there are some car manufacturers who will remain firm
that the defect was not there when you bought the car. If this happens,
complainants are encouraged to seek legal counsel.
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