Lemon Law / Texas Lemon Law
The Texas Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first year of ownership or express warranty period, whichever comes first, that can't be repaired after repeated attempts (normally 3-4) by the manufacturer’s authorized dealership. Vehicles can be purchased or leased in TX. We can also assist with vehicles registered in TX but purchase in other states. In Texas, the Lemon Law covers all motor vehicles, two or more wheeled, used primarily for transporting persons or property and engine transmissions or rear axles used for the same, having a GVW of 18,000 lbs. or more, whether or not attached to vehicle chassis.
Not necessarily. If your new vehicle is in the shop 30 days or more within the first year of ownership, consecutive or not, we can file a claim under the TX Lemon Law.
Likewise, if you are experiencing paint problems, the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or if it is a significant problem that has occurred twice, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
If you are worried that the time you have to file a claim has expired, the answer is no.
If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson–Moss Warranty Act. Please let us know about your repairs; we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free. The Magnuson Moss Act goes after the manufacturer for compensation to reflect diminished value as a result of your defect. Like the Lemon Law, the statute contains a fee-shifting provision, meaning the consumer receives cost-free legal representation.
The Texas Lemon Law contains a fee-shifting provision which means that, if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive.
If you submit a claim to Kimmel & Silverman and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Yes, vehicles that are purchased and leased are both covered.
Yes. Motorcycles are covered both under State and Federal laws.
No. Problems can occur immediately, but if you are interested in opening a New York Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.
We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary), but it does make your case move along smoother.
DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.
We represent consumers with used cars under the Magnuson–Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the Texas Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturer's warranty.
For more information on the Texas Lemon Law, please call 1 800 LEMON LAW (1-800-536-6652) or email us, and we will get back to you as soon as possible.