Lemon Law Attorney in Austin, TX
The Texas Lemon Law applies to motor vehicle purchases. If a consumer purchases or leases a new vehicle that fails to operate properly after purchase due to a defect or condition, the consumer is eligible for relief under the Lemon Law. If you’ve purchased a lemon in the greater Austin, TX area and you wish to take legal action in order to recoup your losses:
Call us today at 512-900-9769 to schedule your initial consultation.
Lemon Law and Consumer Protection
The Lemon Law falls under the category of consumer protection. A consumer is a person who pays money in exchange for a good or service. When a consumer feels that there is something unfair about such an exchange, it is sometimes possible to take legal action in an attempt to right the situation. Consumer law protects consumers from unfair practices by merchants or someone providing a service.
In the case of the lemon law, the consumer has purchased or leased a vehicle that proves to be poor quality. If the dealer or manufacturer does not correct the issue (either by repairing or replacing the vehicle or refunding the money paid) to the satisfaction of the consumer, the consumer can work with a lemon law attorney in an attempt to get fair compensation.
The Manufacturer’s Rights under the Lemon Law
The manufacturer is allowed a reasonable opportunity to repair the vehicle. “Reasonable attempts” include the following:
- The 4 Times Test. If you have taken your vehicle to the dealership for repair of the same defect or set of defects at least 4 times in the first two years or 24,000 miles and the problem is not corrected, you are eligible for relief under the Lemon Law.
- Serious Safety Hazard Test. This includes any life-threatening malfunction of the vehicle that impedes the consumer’s ability to operate or control the vehicle or indicates a risk of fire or explosion. If you have taken your vehicle to the dealership for repair of a serious safety hazard twice in the first two years or 24,000 miles and the problem still persists, you are eligible for lemon law relief.
- 30 Day Test. If your vehicle was out of operation for at least 30 total days of the first two years or 24,000 miles due to a defect that substantially impairs the use or market value of the vehicle, and you were not provided a comparable loaner vehicle, you are eligible for relief under the Texas lemon law.
If you qualify under any of the above tests, or if a different issue has occurred in your experience with a new vehicle, you have rights under the Lemon Law to pursue legal action.
Contact Us Today
Are you stuck with a lemon? You don’t have to be. Call Jason Katims, Lemon Law Attorney in Austin, TX and explain your situation: (512) 900-9769. If you qualify for consumer protection under the lemon law, Jason will take every legal step to protect your rights. Contact us online or call (512) 900-9769 to schedule a free, confidential consultation.
Frequently Asked Questions
1. Should I hire a Lemon Law Attorney?
If you think you may have purchased a lemon (a vehicle with repeated mechanical problems), you should hire a lemon law attorney. Why? Because an attorney can help you get the full extent of compensation that you deserve. You can represent yourself, but you may end up settling for less than what you could get if you hired a lawyer.
Another benefit to hiring an attorney is that their experience and extensive knowledge of the law will help you determine if your vehicle qualifies as a lemon. An attorney can also help you navigate the process of filing your lawsuit so that it goes as smoothly and quickly as possible.
Although you don’t have to hire a lemon law attorney, you definitely should. And it won’t cost you anything.
2. What is the Lemon Law in Texas?
In the state of Texas, the Lemon Law helps consumers who have purchased or leased new vehicles that require frequent repairs while still under manufacturer warranty. If your new car continues to have mechanical problems and you’re having difficulty getting the repairs taken care of by the manufacturer, you have rights in this situation; the right to compensation, the right to have the repairs done as they should be, the right to a full refund, or the right to have the car replaced by the manufacturer. Depending on your individual situation, your case may result in any one or a combination of these ends.
3. What qualifies as a lemon car in Texas?
According to the Texas Lemon Law, the vehicle must meet the following conditions:
- It 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 cure the defect; and
- The defect persists and substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.
4. How do you prove that a car is a lemon?
For your car to be considered a Lemon and for you or your attorney to be able to prove that, it must pass one of the following tests:
- 4 Times Test. If you’ve taken your car to the dealership for repairs at least 4 times in the first 24 months or 24,000 miles of ownership and the defect has not been sufficiently repaired, you are eligible to file a lawsuit under the Lemon Law.
- Serious Safety Hazard Test. In the case of a serious safety defect, such as one that is life-threatening, poses a potential risk of fire or explosion, or that impedes your ability to operate the vehicle safely, the number of repair attempts falls from 4 down to 2, still within the first 24 months or 24,000 miles, you are eligible to file a lawsuit.
- 30 Day Test. If your vehicle has been out of service for a total of 30 days due to a defect within the first 24 months or 24,000 miles (not counting the time you were provided with a comparable loaner vehicle) you are eligible to file a lawsuit.
5. How much does a Lemon Law attorney cost?
Hiring a Lemon Lawyer should not cost you anything. The law is structured in such a way that your attorney collects their fees from the manufacturer and not the consumer or the compensation from the consumer’s lawsuit. Do not hire a lawyer who takes a portion of your awarded compensation as part of their legal fees.
Your attorney will assess your situation before filing a lawsuit and will likely have a pretty good idea of what the outcome will be before taking on your case. A lawyer will not take on a Lemon Law case that doesn’t qualify under the law, and therefore their risk should be minimal.
For more information schedule an initial consultation
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