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Texas

TEXAS Lemon Law:

Tex. Occ. Code Ann. §§ 2301.601 to 2301.613 (Vernon)

Vehicles covered: A fully self-propelled vehicle having two or

more wheels whose primary purpose is transporting persons or

property on public highways; also includes some other vehicles

having certificates of title, towable recreational vehicles, and certain

heavy vehicle components, see Tex. Occ. Code Ann.

§ 2301.002 (Vernon).

Persons covered: Retail purchasers who are entitled to enforce

warranty; lessors, lessees, and transferees and assignees who are

state residents and are entitled to enforce warranty (§ 2301.601).

Period covered: Whichever comes first: twenty-four months or

24,000 miles (§ 2301.605).

Disclosure requirements: Manufacturer must provide notice of

complaint procedures and rights (§ 2301.613).

Required consumer notice: Buyer must mail written notice of

defect to manufacturer, converter, or distributor before board may

issue order for refund or replacement (§ 2301.606). To extend duty

to repair beyond warranty period, consumer must report the nonconformity

to the manufacturer, converter, distributor, agent, or

dealer (§ 2301.603).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity continues to

exist after four or more repair attempts, two of which were made

within the first twelve months or 12,000 miles, and the other two

within twelve months or 12,000 miles after the second repair

attempt. If the defect creates a serious safety hazard, the presumption

applies if the defect continues to exist after two or more

repairs, one of which occurred within the first twelve months or

12,000 miles, and the second within twelve months or 12,000

miles after the first attempt. Presumption also applies if defect still

exists and vehicle is out of service for thirty or more days during

first twenty-four months or 24,000 miles and at least two repair

attempts were made in the first twelve months or 12,000 miles

(§ 2301.605). Board may not issue order for refund or replacement

unless manufacturer, converter, or distributor has been given an

opportunity to cure the alleged nonconformity (§ 2301.606).

Affırmative defenses: The nonconformity does not substantially

impair the use or market value of the vehicle, or is the result of the

consumer’s abuse, neglect, or unauthorized modifications or alteration

(§ 2301.606); statute of limitations (§ 2301.606).

Replace/refund: The manufacturer shall replace with a comparable

vehicle, or refund the full purchase price less a reasonable use

allowance (§ 2301.604).

Other reimbursement: Reasonable incidental costs (§ 2301.604).

Other remedies: There is no limit on other consumer remedies

(§§ 2301.603, 2301.607).

Informal dispute resolution: For remedies under this section, a

consumer must use an informal dispute settlement procedure established

by the commission (§ 2301.607). Judicial review is

available (§ 2301.609).

Resale of lemon: Full disclosure including toll-free telephone

number; new twelve-month, 12,000 mile warranty; restoration to

factory specifications (§ 2301.610).