Lemon law in Texas

At a glance

Who qualifies

Which vehicles

New cars, trucks, vans, motorcycles, ATVs, motor homes, towable RVs, and neighborhood electric vehicles with a defect covered by the manufacturer's written warranty. Demonstrators that were never titled count as new. Repossessed vehicles, non-travel trailers, boats, and farm equipment do not.

“New vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs), and neighborhood electric vehicles that develop a defect(s) covered by a”

txdmv.gov

Repair attempts

The car is presumed a lemon if the same defect is still there after 4 or more repair attempts within that period.

“the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer”

tcss.legis.texas.gov

Serious safety defects

For a serious safety hazard (a life-threatening defect that affects control of the vehicle or creates a real risk of fire or explosion), 2 or more repair attempts are enough.

“the same nonconformity creates a serious safety hazard and continues to exist after causing the vehicle to have been subject to repair two or more times”

tcss.legis.texas.gov

Days out of service

The car is presumed a lemon if it is out of service for repair a total of 30 or more days within that period and a serious defect remains. Days when the manufacturer gave you a comparable loaner do not count.

“the vehicle is out of service for repair for a cumulative total of 30 or more days”

tcss.legis.texas.gov

Used vehicles

Partly. A used vehicle still under the manufacturer's original warranty may get repair help under the Texas warranty performance law (Tex. Occ. Code § 2301.204), but only new vehicles can get a refund or replacement.

“Texas law related to warranty performance may cover your used vehicle if it is still covered by the manufacturer's original warranty (not an extended service contract)”

txdmv.gov

Leased vehicles

Yes. Lessees are covered, and an order can end the lease and split the refund between the lessee and the leasing company.

“In a case involving a leased vehicle, the final order may terminate the lease and apportion allowances or refunds, including the reasonable allowance for use, between the lessee and lessor of the vehicle.”

tcss.legis.texas.gov

Deadlines

Protection period

Repair attempts count if made within 24 months or 24,000 miles after delivery, whichever comes first, or before the warranty expires if that is sooner.

“(A) the date the express warranty expires; or (B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner;”

tcss.legis.texas.gov

Time limit to file

You must file a TxDMV complaint within 6 months after the earliest of the warranty expiring, 24 months, or 24,000 miles from delivery.

“A proceeding under this subchapter must be commenced not later than six months after the earliest of:”

tcss.legis.texas.gov

Steps

1. Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
2. Check the dates. Repair attempts count if made within 24 months or 24,000 miles after delivery, whichever comes first, or before the warranty expires if that is sooner. You must file a TxDMV complaint within 6 months after the earliest of the warranty expiring, 24 months, or 24,000 miles from delivery.
3. Tell the manufacturer in writing. The law asks for written notice. See written notice below.
4. Use the dispute program if one is required. See arbitration below for whether you must go there before court.
5. Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.

Written notice

Yes. A refund or replacement can only be ordered if written notice of the defect was given to the manufacturer and it had a chance to fix it. TxDMV recommends sending the notice by certified mail.

“the owner, a person on behalf of the owner, or the department has provided written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor;”

tcss.legis.texas.gov

Arbitration

You must go through the state's process first: file a complaint with TxDMV ($35 fee), which tries mediation and then holds a hearing before an independent hearing examiner. You can sue only after using this process.

“is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies provided by this subchapter.”

tcss.legis.texas.gov

What you get

The manufacturer must replace the vehicle with a comparable one or refund the full purchase price, including taxes, title, and license fees, minus a deduction for your use, and pay reasonable incidental costs from loss of use.

“accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner's use of the vehicle, and any other allowances or refunds payable to the owner.”

tcss.legis.texas.gov

Do it yourself

You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:

1. Put your repair orders in date order and count the attempts and the days out of service.
2. Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
3. If it offers a final repair, let it try within the time the law gives it.
4. If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Texas Department of Motor Vehicles, Lemon Law Section), then court if you need to.
5. Do not sell or trade in the vehicle while the claim is open.

[Your name]
[Your address]
[Date]

[Manufacturer name]
[Address from your owner's manual or warranty booklet]

Re: Lemon law claim, [year make model], VIN [VIN]

I bought (or leased) this vehicle on [date] from [dealer], in Texas. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences].

It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed.

Under Texas Lemon Law (Occupations Code chapter 2301, subchapter M, Warranties: Rights of Vehicle Owners) (Tex. Occ. Code §§ 2301.601 to 2301.613), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one.

[Your name]
[Phone and email]

What a buyback pays in Texas

The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.

Estimate your buyback

What Texas's program reports

Texas Department of Motor Vehicles, Lemon Law program, fiscal year 2022. Source: Lemon Law Annual Report, fiscal year 2022 (archived copy, the latest the TxDMV has published online), read October 26, 2026.

Questions people ask about Texas's lemon law

Find a Texas lemon law lawyer

The law does not say.

Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.

Send the free case check below and we find a lemon law firm that takes Texas cases like yours. The firm contacts you, and you decide whether to hire them.

Sources

• Tex. Occ. Code §§ 2301.601 to 2301.613, Texas Lemon Law (Occupations Code chapter 2301, subchapter M, Warranties: Rights of Vehicle Owners)
• Texas Department of Motor Vehicles, Lemon Law Section
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.

Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.