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Texas Lemon Law

Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.

In Texas, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.

Used car purchases:
If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:

Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:

a) Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b) The vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
c) He purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer's Warranty Exists. If he does not have a manufacturer's warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

Laundered Lemon;
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.

Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.

"As is" purchases:
If a person knowingly purchase a car in "as is" condition then he accepts the defects and void his rights under the lemon law.

Other lemon laws:
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).

Ibrahim

Ibrahim Machiwala is a successful writer and publisher of Automobile Law and legal issues, for more informative articles on Lemon Law.

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1. SUSAN OWENS (01:00, 21.07.2008)
WELL WE BOUGHT A 2006 LINCOLN NAVIGATOR FOR MY DAUGHTER BACK IN FEBRUARY 25, 2008. WE WERE TOLD THAT IT WAS IN BEAUTIFUL SHAPE. IT WAS DELIVERED TO MY DAUGHTER ON A MONDAY WITH A RD BOW ON IT. SHE WAS SO SURPRISED. THIS WAS HER DREAM CAR. THIS WAS HER BABY. WELL AFTER 33 DAYS SHE NOTICED THE TRANSMISSION SLIPPING. SO SHE CALLED CRAIG DURETTE AT DURETTE MOTORS ON SO. SHAVER IN HOUSTON, AND HE SAID OH DON'T WORRY ABOUT THAT ALL NEW CARS DO THAT. NOT!!!!!!!! SO THEN SHE LET IT GO AT THAT. SHE DIDN'T WORRY TOO MUCH ABOUT THAT THEN. THEN LAST WEEK OF JULY 7TH, 2008 NOTICED THE NAVIGATOR PULLING TO THE RIGHT. SO SHE BROUGHT THE NAVIGATOR TO THE BAY WAY MERCURY BODYSHOP NEXT TO DURETTE MOTORS. THE ADJUSTER THERE LOOKED IT OVER AND TOLD MY DAUGHTER KARIN THAT THE FRAME WAS BENT AND THAT IT HAD BONDO ON IT AND THAT IT HAD BEEN IN A PREVIOUS ACCIDENT, AND THAT THEY COULD NOT PUT THE NAVIGATOR ON THE FRAME STRAIGHTENER BECAUSE OF THE BONDO. SHE WAS SO UPSET. LANDED UP RENTING A CAR FOR 2 DAYS. THEY THEN PROCEEEDED NEXT DOOR TO SEE MR. DURETTE, AND HE TOLD THEM THAT HE DID NOT KNOW OF ANY PREVIOUS ACCIDENT WITH THIS NAVIGATOR. AND THAT HE COULDN'T DO ANYTHING AAND THAT SHE NEEDED TO TAKE IT SOMEWHERE ELSE TO GET FIXED. NOT!!!
IT WAS ONLY 3 MONTHS. SHE SHOULD NOT HAVE TO BRING IT ANYWHERE TO GET FIXED. SO THEREFORE MR DURETTE SOLD US THIS NAVIGATOR UNDER FALSE PRETENSES. HE WASN'T COMPLETELY HONEST WITH US. WE PAID $30,993.07 FOR THIS VEHICLE AND NOW MY DAUGHTERS BEAUTIFUL NAVIGATOR IS RUINED. I KNOW FOR A FACT THAT THIS NAVIGATOR WAS INDEED IN AN ACCIDENT BECAUSE WHEN KARIN CHECKED THE INSIDE THEY FOUND BROKEN GLASS UNDER THE SEATS AND SAW THAT A WINDOW WAS REPLACED. NOW SHE THEN BROUGHT THE RENTAL CAR BACK AND THEY DROVE THE NAVIGATOR BACK HOME. WHERE IT SITS IN THERE DRIVEWAY. SHE THEN HADTO RENT ANOTHER VEHICLE FOR THIS WEEK FOR $350, BECAUSE THEY HAVE COMPANY FROM NEW YORK VISITING UNTIL NEXT THURSDAY, JULY24TH,2008. IT IS NOT FAIR TO US AND TO MY DAUGHTER. MR DURETTE HAS OUR MONEY AND NEEDS TO MAKE GOOD ON THIS. EITHER REFUND US OUR MONEY OR MY DAUGHTER GETS A BRAND NEW VEHICLE AND ALL LEGAL FEES, ETC BE PAID BY DURETTE MOTORS.

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