Texas Lemon Law — Do You Qualify?
Four-times test, serious safety-hazard test, 30-day test, and TxDMV process explained
Note: Texas has an administrative process through the Texas Department of Motor Vehicles (TxDMV)
Eligibility Tests (Any One Can Qualify)
You only need to meet ONE of these tests to potentially qualify
Serious Safety Hazard
2 repair attempts within 24 months or 24,000 miles for a defect that creates a serious safety hazard
Source: TxDMV
30-Day Test
30+ total days out of service in the first 24 months/24,000 miles
(Loaner days don't count toward the 30)
Source: TxDMV
Important Deadline
File with TxDMV within 6 months of the earlier of: warranty expiration, 24 months, or 24,000 miles.
Source: TxDMV
What You Can Get
Repurchase, Replacement, or Repair
TxDMV can order the manufacturer to repurchase your vehicle, replace it with a comparable one, or repair the defect.
Reasonable Allowance for Use
Repurchases apply a reasonable allowance for use (miles/time formula). TxDMV posts calculators to help estimate this deduction.
Sources: TxDMV
Used Vehicles
A used car may be covered if the defect began and was reported while still under the original manufacturer's warranty (not an extended service contract).
Source: TxDMV
Fees & Costs (Texas Reality)
The state Lemon Law process doesn't typically award attorney's fees, but many cases can also proceed under the Magnuson-Moss Warranty Act, which allows prevailing consumers to recover reasonable attorney's fees in court.
Federal Fee-Shift: In many Texas matters, we pair state remedies with the Magnuson-Moss Warranty Act, which allows courts to award fees to prevailing consumers.
Source: Legal Information Institute
The TxDMV Process
File Complaint with TxDMV
Submit your lemon law complaint to the Texas Department of Motor Vehicles within the 6-month deadline
Technical Service Bulletin Check
TxDMV reviews whether manufacturer issued TSBs for your vehicle's issues
Hearing
Administrative hearing before TxDMV hearing examiner
Decision & Appeals
TxDMV issues decision; either party can appeal to district court
Important: While the TxDMV process is required for state lemon law claims, we can also pursue your case under federal law (Magnuson-Moss) which may provide additional remedies and attorney fee recovery.
Learn More at TxDMVFrequently Asked Questions
Is TxDMV required before court?
Often yes for the state remedy; talk to counsel about strategy. Many cases can proceed under Magnuson-Moss in federal court without TxDMV first.
How is "use" deduction calculated?
TxDMV's spreadsheet uses mileage/time inputs tied to first report and hearing date.
Do I get taxes/fees back?
Texas guidance explains sales tax treatment in repurchases. Generally, refunds include taxes and fees paid.
Source: Texas Comptroller
Ready to Start Your Texas Lemon Law Claim?
Get a free case review from experienced Texas lemon law attorneys who understand the TxDMV process