If you own a vehicle or intend to purchase a new car, it would come in handy to get yourself acquainted with the lemon laws in Texas. The law states that if your have purchased a vehicle that is faulty and in case the manufacturer cannot rectify the faults in your vehicle within a stipulated number of repair attempts; you are entitled to get a refund or a replacement; however, before you approach the court in such a matter, you are obligated by the lemon laws in Texas to sort out the issue through an arbitration attempt overseen by the Texas DOT. Since this is the first step of initiating an action against a manufacturer, let's talk about the various aspects involved in filing your complaint with the TX DOT.
How much time do you have to file the complaint?
According to the lemon laws in Texas, you should file a complaint within six months following the earlier of the time ranges given below:
· Expiration of the warranty · 24 months from purchase · 24,000 miles of usage from the date of delivery (does not apply to TRV)
So the appropriate time to file your complaint will be determined by the events mentioned above and which of them occurred first; however, to be safe, it is best to file your complaint as soon as possible once your realize that the manufacturer cannot sort out the issue with your car.
What's the first step? If the manufacturer certified repair shops or the dealer cannot correct the problem wit the vehicle, you will have to inform the manufacturer about such problems through certified mail. You can find the manufacturers name and address in the warranty booklet. Describe the problem and the condition of the vehicle in detail and offer the manufacturer an opportunity to fix the issue, you can even tell the manufacturer when the vehicle will be back at the dealership.
Make sure that you recorded all the communication that you have with the dealership and the manufacturer, so keep the letter, any proof of the letter being sent by certified mail etc because you will need to send all of these documents to the TX DOT if you intend to file a lemon laws complaint.
How should you file a complaint? The complaint should be filed in writing; you will also need to send a 435 non refundable fee to the TX DOT if you are asking for a refund or replacement of the vehicle. If you win the case the manufacturer will reimburse this fee along with the other expenditures that you may have incurred. If you only want your vehicle to be repaired while still under warranty, you don't have to send the fee.
How soon can the complaint be resolved? Once you file the complaint the TX DOT contacts the manufacture who in turn will send one of their experts to the dealership to identify and resolve the issue with your vehicle. If the car is repaired satisfactorily the issue is resolved and the TX DOT does not proceed further with the complaint. However, if the issue is not sorted the TX Dot then sends its own expert to meet with the dealer and the manufacturer. In such a meeting possible ways to settle the dispute are discussed. In many cases the complaint is resolved at this stage and it does not take more than 30 to 60 days to sort the situation. However, if the complaint is not settled at this stage then you can proceed to the hearing.
The Lemon Law hearing
In a lemon law hearing, you will be presenting your case in front of an Administrative Law Judge (ALJ). You will need to present your own testimony as well as those of witnesses You will also be required to present any documentation that you may have proving your case such as repair orders etc that will prove that you indeed have a lemon on your hands.
An ALJ is like the judge of a small claims court and even though he will relax the rules as much as possible for you, there are certain procedures that you will be required to follow. Through the hearing, the TX DOT aims to provide a solution to the problem within 150 days of receiving a written complaint from the consumer along with the filing fee. If no decision can be reached within the 150 day period, the consumer has the right to approach the court
