Last Updated 15th of May, 2010
How do I file a claim in TX regarding a lemon? Texas
Filing a TX Lemon Law Claim
Texas has a Lemon Law that protects consumers who have been sold faulty vehicles, but the law is limited in scope. Because the requirements for submitting a Lemon Law claim for both new cars and used cars are very specific, you are advised to first call (800) 622-8682 or (512) 416-4800 if you are thinking about seeking protection under the Texas Lemon Law.Here is a brief outline of the Lemon Law process:
- Gather all of the necessary documentation. You should submit a certified letter to the manufacturer giving them a chance to repair the vehicle. It is also a good idea to get an auto repair order each time you attempt to have the problem fixed, even if the issue is not resolved by your mechanic. The more supporting evidence you have, the easier it will be to get a satisfactory resolution for your complaint.
- Fill out the paperwork to file a lemon car complaint and submit a $35 filing fee if you're submitting a claim about a new vehicle. Forms are available on the Texas Department of Motor Vehicles (DMV) website.
- Have your complaint reviewed by a case advisor to determine whether it meets the requirements of the Texas Lemon Law. If the complaint is determined to fall under the Lemon Law, he will then try to resolve the issue through informal mediation and possibly an inspection of the vehicle. This usually occurs within 30 to 60 days after the filing of the initial complaint.
- If the issue is still unresolved, a hearing will be conducted by the State Office of Administrative Hearings (SOAH). At the hearing, you must prove to the judge that your vehicle qualifies as a lemon. The manufacturer may also appear in order to present evidence to the contrary. A ruling should be issued between 30 and 45 days after the hearing is complete.
Hiring a Lemon Law Attorney
Although you are not legally required to seek the assistance of a Lemon Law lawyer to file your claim, it may be in your best interest to obtain professional advice when seeking consumer protection under the Lemon Law statute.Texas Lemon Laws can be very complex and there are several different forms that must be filed to determine if you are eligible for assistance. Hiring a lemon law attorney will make sure all the necessary paperwork gets done in a timely fashion and free up your time to focus on other matters.
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