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How Do I Prove My Case?

Although a hearing is less formal than a court trial, you must still prove your case to the Administrative Law Judge. You must prove that:
  • you purchased or leased a new motor vehicle, and you still own or lease it at the time of the hearing;
  • the vehicle had a defect covered by the warranty, and you reported the defect to the dealer or manufacturer during the warranty period;
  • you filed a Lemon Law complaint within the time limit and paid the filing fee;
  • you gave the manufacturer or its dealer a reasonable number of attempts to fix the defect or condition, but the defect remained. Ordinarily, the defect must continue to exist at time of hearing;
  • you notified the manufacturer of the defect in writing and have given the manufacturer at least one chance to fix it;
  • the defect or condition substantially impairs the use or market value of the vehicle, or creates a serious safety hazard. You may be able to prove the vehicle`s use is impaired if any of its major systems are defective, or if a defect such as a water leak prevents it from being used normally in the rain.

    A vehicle`s value may be decreased by paint flaws or any other condition that would lead a buyer to pay substantially less than the market price for a comparable vehicle that does not have the defect. A serious safety hazard is a life­threatening malfunction that impedes your ability to control or operate the vehicle normally or that creates a substantial risk of fire or explosion.

TxDOT attorneys conduct the hearings, which usually last two to four hours. These attorneys (administrative law judges or ALJs`s) travel across the state to locations convenient to consumers. The judge does not represent either party at the hearing, but reaches a decision based on the evidence presented.

Proof elements here are described in layman`s terms. The actual legal provisions are found in &se4ct;6.07 of the V.T.C.S. Article 4413(36).

Speak to an Experienced Lemon Law Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified lemon lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local lemon attorney to discuss your specific legal situation.

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