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).

Other Texas Lemon Law FAQs

Q: What Is The Lemon Law?
A: The Texas Lemon Law is a state law that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired. The … More
Q: Is There Any Relief Available To Purchasers Of Used Cars?
A: The relief available to used motor vehicle buyers is limited to repairs only, if the vehicle is still under the original factory warranty. More
Q: What Vehicles Are Covered Under The Lemon Law?
A: The Lemon Law applies to new vehicles, including cars, trucks, vans, motorcycles, allterrain vehicles motor homes and towable recreational vehicles (TRVs) that … More
Q: What Vehicles Are Not Covered Under The Lemon Law?
A: The law does not cover used motor vehicles (including program vehicles), repossessed vehicles, nontravel trailers, boats or farm equipment. Neither does it cover … More
Q: How Do I Know If My Vehicle Is A Lemon?
A: A motor vehicle may be declared a lemon if it meets all of the following conditions: The vehicle has a serious defect or abnormal condition. The defect or condition is … More
Q: How Many Chances Does The Dealer Get To Fix The Vehicle?
A: The law presumes you have given the manufacturer or authorized dealer a reasonable number of attempts to fix the defect if you pass one of these tests. The mileage … More
Q: How Long Do I Have To File A Complaint?
A: A Lemon Law complaint must be filed within six months following the earlier of : expiration of the express warranty term; 24 months; or 24,000 miles following the date … More
Q: I Think I Have A Lemon. What Doi Do?
A: If your dealership does not seem to be able to correct the problems with your vehicle, send a letter, preferably by certified mail, to the manufacturer. The owner`s … More
Q: How Do I File A Complaint?
A: Your complaint must be in writing. Complaint Form (Click to View, Right Click to Save). If you want your vehicle replaced or repurchased, you must send a $35 … More
Q: Can My Complaint Be Resolved Quickly?
A: TxDOT will contact the manufacturer and dealer about your complaint. The manufacturer may send one of its experts to the dealership to help identify and fix the … More