Key takeaways
- Protection period: repair attempts must occur before the earlier of the express warranty's expiration or 24 months or 24,000 miles (whichever occurs first) after original delivery.
- Repair attempts: same nonconformity subject to repair four or more times within the protection period and it continues to exist.
- Days out of service: cumulative total of 30 or more days out of service for repair within the protection period, with a nonconformity that still substantially impairs use or market value. Days with a comparable loaner from the manufacturer or distributor do not count. The statute does not say calendar or business days.
- Deadline: A TxDMV proceeding must be commenced within six months after the earliest of the express warranty's expiration or the date 24 months or 24,000 miles have passed since original delivery.
- The law is Tex. Occ. Code §§ 2301.601 to 2301.613 (ch. 2301, subch. M); 43 Tex. Admin. Code ch. 224, subch. G. Read it with your repair orders and your warranty in front of you.
On this page
Texas's lemon law is Tex. Occ. Code §§ 2301.601 to 2301.613 (ch. 2301, subch. M); 43 Tex. Admin. Code ch. 224, subch. G, the Texas lemon law (Warranties: Rights of Vehicle Owners). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Texas lemon law at a glance
| Statute | Tex. Occ. Code §§ 2301.601 to 2301.613 (ch. 2301, subch. M); 43 Tex. Admin. Code ch. 224, subch. G |
|---|---|
| Official name | Texas lemon law (Warranties: Rights of Vehicle Owners) |
| Vehicles covered | New motor vehicles, defined as fully self-propelled vehicles with two or more wheels built mainly to carry people or property on public highways, which includes cars, trucks and motorcycles. Motor homes and towable recreational vehicles are also covered. The owner must have bought or leased from a Texas license holder, be a Texas resident who registered the vehicle in Texas, or be active-duty military stationed in Texas. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Repair attempts must occur before the earlier of the express warranty's expiration or 24 months or 24,000 miles (whichever occurs first) after original delivery. |
| Repair attempts | Same nonconformity subject to repair four or more times within the protection period and it continues to exist. |
| Serious safety defects | Same nonconformity that creates a serious safety hazard subject to repair two or more times within the protection period and it continues to exist. |
| Days out of service | Cumulative total of 30 or more days out of service for repair within the protection period, with a nonconformity that still substantially impairs use or market value. Days with a comparable loaner from the manufacturer or distributor do not count. The statute does not say calendar or business days. |
| Notice to the manufacturer | Refund or replacement cannot be ordered unless the owner (or someone on the owner's behalf, or TxDMV) gave the manufacturer, converter or distributor written notice of the defect and an opportunity to cure. |
| Dispute programs | Owners must exhaust the TxDMV administrative process (complaint, mediation, then a hearing before a hearings examiner) before refund or replacement is available. The filing fee is $35, reimbursed if the owner prevails. If no final order is issued within 150 days, the owner may file a civil action. Final orders are reviewable in Travis County district court. |
| Deadline to bring a claim | A TxDMV proceeding must be commenced within six months after the earliest of the express warranty's expiration or the date 24 months or 24,000 miles have passed since original delivery. |
| Remedies | Replacement with a comparable vehicle, or a refund of the full purchase price less a reasonable allowance for use, plus reasonable incidental costs. By rule, the refund excludes interest, finance charges and insurance premiums but includes the filing fee. The use allowance is based on a presumed 120,000-mile life: full rate for miles before the first report, half rate for miles after it. |
| Attorney's fees | Limited. The statute has no general fee-shifting clause. By TxDMV rule, attorney fees are a reimbursable incidental cost if the complainant hires counsel after being told the manufacturer is represented by counsel. |
| Used vehicles | No used-car lemon law. A transferee or assignee of an eligible owner who is a Texas resident and registered the vehicle in Texas can be an owner, if the manufacturer's warranty is still enforceable. |
Does your vehicle qualify in Texas?
The law covers new motor vehicles, defined as fully self-propelled vehicles with two or more wheels built mainly to carry people or property on public highways, which includes cars, trucks and motorcycles. Motor homes and towable recreational vehicles are also covered. The owner must have bought or leased from a Texas license holder, be a Texas resident who registered the vehicle in Texas, or be active-duty military stationed in Texas. The protection period is repair attempts must occur before the earlier of the express warranty's expiration or 24 months or 24,000 miles (whichever occurs first) after original delivery. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair four or more times within the protection period and it continues to exist.
- Serious safety defect: Same nonconformity that creates a serious safety hazard subject to repair two or more times within the protection period and it continues to exist.
- Days out of service: Cumulative total of 30 or more days out of service for repair within the protection period, with a nonconformity that still substantially impairs use or market value. Days with a comparable loaner from the manufacturer or distributor do not count. The statute does not say calendar or business days.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Refund or replacement cannot be ordered unless the owner (or someone on the owner's behalf, or TxDMV) gave the manufacturer, converter or distributor written notice of the defect and an opportunity to cure.
Owners must exhaust the TxDMV administrative process (complaint, mediation, then a hearing before a hearings examiner) before refund or replacement is available. The filing fee is $35, reimbursed if the owner prevails. If no final order is issued within 150 days, the owner may file a civil action. Final orders are reviewable in Travis County district court.
Deadline: A TxDMV proceeding must be commenced within six months after the earliest of the express warranty's expiration or the date 24 months or 24,000 miles have passed since original delivery.
State resource: Texas Department of Motor Vehicles (TxDMV), Lemon Law Section.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a comparable vehicle, or a refund of the full purchase price less a reasonable allowance for use, plus reasonable incidental costs. By rule, the refund excludes interest, finance charges and insurance premiums but includes the filing fee. The use allowance is based on a presumed 120,000-mile life: full rate for miles before the first report, half rate for miles after it. Limited. The statute has no general fee-shifting clause. By TxDMV rule, attorney fees are a reimbursable incidental cost if the complainant hires counsel after being told the manufacturer is represented by counsel. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Texas's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Texas vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Texas?
Under Tex. Occ. Code §§ 2301.601 to 2301.613 (ch. 2301, subch. M); 43 Tex. Admin. Code ch. 224, subch. G, the presumption is met when same nonconformity subject to repair four or more times within the protection period and it continues to exist. A defect likely to cause death or serious injury has its own test: same nonconformity that creates a serious safety hazard subject to repair two or more times within the protection period and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more days out of service for repair within the protection period, with a nonconformity that still substantially impairs use or market value. Days with a comparable loaner from the manufacturer or distributor do not count. The statute does not say calendar or business days.
How long do I have to file a lemon law claim in Texas?
A TxDMV proceeding must be commenced within six months after the earliest of the express warranty's expiration or the date 24 months or 24,000 miles have passed since original delivery. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Texas lemon law cover used cars?
No used-car lemon law. A transferee or assignee of an eligible owner who is a Texas resident and registered the vehicle in Texas can be an owner, if the manufacturer's warranty is still enforceable. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Texas lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Texas?
Refund or replacement cannot be ordered unless the owner (or someone on the owner's behalf, or TxDMV) gave the manufacturer, converter or distributor written notice of the defect and an opportunity to cure. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Texas?
Owners must exhaust the TxDMV administrative process (complaint, mediation, then a hearing before a hearings examiner) before refund or replacement is available. The filing fee is $35, reimbursed if the owner prevails. If no final order is issued within 150 days, the owner may file a civil action. Final orders are reviewable in Travis County district court.
Can I recover attorney's fees under the Texas lemon law?
Limited. The statute has no general fee-shifting clause. By TxDMV rule, attorney fees are a reimbursable incidental cost if the complainant hires counsel after being told the manufacturer is represented by counsel. We explain exactly how fees work in your case before you sign anything.
Sources
- Tex. Occ. Code ch. 2301 (Texas Constitution and Statutes; read via Internet Archive capture of 2025-12-18 because the live site refused connections)
- Texas Lemon Law, TxDMV
- 43 Tex. Admin. Code § 224.260, Lemon Law Relief Decisions (text via Cornell LII)
- 43 Tex. Admin. Code § 224.262, Incidental Costs (text via Cornell LII)