State lemon laws help consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer’s original warranty.
Lemon laws can help a consumer get the vehicle repurchased, replaced, or repaired through a process that is less complicated and expensive than filing a lawsuit and going to court.
A car is a “lemon” when it is determined that the vehicle is defective beyond repair. Most states have some form of a lemon law to protect car buyers. These laws generally only apply to new cars purchased or leased by consumers and small businesses.
But a used car may also be covered if it is still covered by the manufacturer’s original warranty (not an extended service contract), or if the defect started and was reported to the dealer while under the manufacturer’s original warranty, and the defect continues to exist.
Lemon laws often do not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.
Lemon laws only cover defects that substantially impair the use or market value of the vehicle—which does not include issues like minor rattles, noises, and car audio imperfections.
Each state has its own requirements, but common factors to qualify as a lemon include:
• The vehicle has a substantial manufacturing defect
• The defect is covered by a manufacturer’s written warranty
• The owner reports the defect to the dealer or manufacturer within the warranty term
• The owner gives the dealer a reasonable number of attempts to repair the defect or condition
• The owner gives the manufacturer written notice (preferably by certified mail) of the defect and at least one opportunity to fix the defect
• The defect persists and substantially impairs the vehicle’s use or market value or creates a serious safety hazard
Lemon laws are usually located in a state’s statutes and are often administered by the state’s department of motor vehicles or a specified consumer protection agency.
In Texas, the lemon law applies to new vehicles that have a substantial manufacturing defect still under the manufacturer's original warranty. To qualify as a lemon, the defect must be reported to the dealer or manufacturer within the warranty term, and the owner must allow the dealer a reasonable number of attempts to repair the issue. If the defect persists and substantially impairs the vehicle's use, value, or safety, the owner must give the manufacturer written notice, preferably by certified mail, and at least one opportunity to fix the defect. Texas lemon laws do not cover used cars unless the defect was reported and not fixed while under the original warranty. The law also excludes repossessed vehicles, non-travel trailers, boats, or farm equipment, and does not cover minor issues that do not substantially impair the vehicle's use or value. The Texas Department of Motor Vehicles administers the lemon law process, which is designed to be less complicated and expensive than going to court. If a vehicle is deemed a lemon, the consumer may be entitled to a repurchase, replacement, or repair of the vehicle.
