No Texas vehicle owner wants to believe they’ve been saddled with a lemon. After a few trips to the dealership to get a new car fixed, however, a Texas driver may decide it’s time to talk to an experienced Texas lemon law attorney about their rights.
One step you’ll have to perform before filing a lemon law claim is to show that the dealer has had a reasonable number of attempts to fix the vehicle and has failed. There are multiple “tests” for meeting this requirement. Your attorney can help you determine which test applies to your vehicle.
The Four Times Test
If you have taken your vehicle to the dealership for repairs:
- Twice for the same problem within the first 12 months or 12,000 miles (whichever comes first),
- Twice more during the 12 months or 12,000 miles *after* the second repair attempt,
and the problem persists, your vehicle likely passes this test.
The Serious Safety Hazard Test
If your vehicle has a life-threatening defect or problem that substantially impedes your ability to drive the vehicle normally or that creates a substantial risk of fire or explosion, and you have tried to get the problem fixed:
- Once during the first 12 months or 12,000 miles,
- Once more during the first 12 months or 12,000 miles after the first repair attempt,
and the problem persists, your vehicle likely passes this test.
The 30-Day Test
If you have taken your vehicle to the dealership for repairs twice during the first 12 months or 12,000 miles, and:
- Your car was out of service for at least 30 days during the first 24 months or 24,000 miles,
- You were not issued a “loaner” by the dealership for the days your car was out of service,
And the problem persists, your vehicle likely passes this test.
For more information on how to deal with a lemon, contact Crowe Arnold & Majors, LLP today.
