Consumer protection guide · TX
Texas Lemon Law
Under Texas's lemon law, a new vehicle qualifies as a lemon after 4 unsuccessful repair attempts or 30 cumulative days out of service, entitling the buyer to a refund or a replacement vehicle.
Texas Lemon Law
StatuteTex. Occ. Code § 2301.601 et seq.· Enacted 1983
Last reviewed
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24 mo
Coverage period
or 24,000 miles
4
Repair attempts
2 for safety defects
30 days
Days out of service
Cumulative for warranty work
—
Statute of limitations
6 months after the earliest of warranty expiry or 24 months/24,000 miles from delivery
If you bought or leased a new vehicle in Texas that keeps going back to the dealer for the same unresolved defect, you may be protected under Texas Lemon Law (enacted 1983), codified at Tex. Occ. Code § 2301.601 et seq. This guide explains — in plain English — how the law works, what qualifies a vehicle as a lemon in Texas, what remedies you can demand from the manufacturer, and how to file a claim. It is not legal advice; when a real dispute emerges you should consult a licensed Texas consumer attorney.
What the Texas lemon law covers
Qualifying criteria
The law covers new vehicles and leased vehicles. The defect must appear within the first 24 months of original delivery or before the odometer reaches 24,000 miles, whichever comes first. The manufacturer or its authorized dealer must have had at least 4 opportunities to fix the same defect (or just 2 attempts if the defect poses a serious safety risk). OR the vehicle must have been out of service for at least 30 cumulative days for warranty repairs during the coverage period.
Your remedies
If your vehicle qualifies, the Texas lemon law requires the manufacturer to provide a refund or a replacement vehicle. The statute (Tex. Occ. Code § 2301.601 et seq.) decides who chooses between them, what a refund must include — often the purchase price plus taxes and fees — and how much the manufacturer may deduct for your use of the vehicle. A replacement must be comparable to the vehicle it replaces.
How to file a Texas lemon law claim
Here is how a typical Texas lemon-law claim unfolds: (1) Keep every repair order the dealer gives you — dates, mileage, the defect description, and the parts replaced. These become your evidence. (2) Send the manufacturer written notice of the defect after the third or fourth repair attempt and request a final repair opportunity. (3) Go through the Texas Department of Motor Vehicles Lemon Law Program before going to court for a lemon-law remedy — Texas requires this step. (4) Watch the filing deadline: 6 months after the earliest of warranty expiry or 24 months/24,000 miles from delivery. Check Tex. Occ. Code § 2301.601 et seq. for the exact rule and confirm it with a Texas lemon-law attorney early.
Required arbitration program
Texas Department of Motor Vehicles Lemon Law Program
Federal backup: Magnuson-Moss Warranty Act
Whether or not your claim fits the Texas lemon law, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides an independent cause of action whenever a written warranty has been breached. Magnuson-Moss applies in every state, allows you to recover attorney’s fees and costs from the manufacturer when you prevail, and covers used vehicles sold with an express written warranty — filling many of the gaps that narrow state lemon laws leave open.
Texas lemon law FAQs
Lemon laws in other states
Check a Texas VIN for a lemon-law buyback before you buy
Many states require a manufacturer buyback to be branded on the title (California’s “Lemon Law Buyback” brand, for example), but not all do — some only require a written disclosure to the next buyer. A full vehicle history report shows title brands where they were reported; the free VIN check does not.