Lemon Law Texas: Rules, Used Cars, Deadlines and Steps
Short answer
Yes. Texas has a lemon law, but it mainly protects people who buy or lease new vehicles. If a warranty defect survives a reasonable number of repairs, the manufacturer may have to repurchase or replace the vehicle under Occupations Code §§ 2301.601 to 2301.613. Used cars get far less protection.
Last verified October 24, 2026 against current Texas law
The lemon law in Texas is a state consumer protection that makes a carmaker stand behind its written warranty. It is run by the Texas Department of Motor Vehicles (TxDMV), not by a regular court at the start. Whether it helps you depends on three things: the vehicle is new, the defect is covered by the warranty, and you act before a short deadline. This guide covers who qualifies, how many repairs it takes, how to file, how the refund is figured, and what a used car buyer can do.
| Who is covered | Buyers and lessees of new vehicles with a defect covered by the manufacturer’s written warranty |
|---|---|
| Repairs that count | Same defect repaired 4 times, a serious safety hazard repaired 2 times, or 30 or more days out of service |
| Time window for those repairs | The first 24 months or 24,000 miles after delivery, or until the warranty ends if that comes first |
| Filing deadline | Six months after the earliest of warranty expiration, 24 months, or 24,000 miles |
| Filing fee | $35 with TxDMV, refunded if you win |
| Main laws | Occupations Code §§ 2301.601 to 2301.613, 43 Texas Administrative Code § 224.260 |
| Used cars | Limited. Refund and replacement are for new vehicles only |
What is the lemon law in Texas?
It is a set of rules in Subchapter M of Chapter 2301 of the Occupations Code. The law says that when a manufacturer cannot fix a warranty defect after a reasonable number of tries, it must either replace the vehicle or take it back and refund the price, minus a charge for the miles you drove. The refund and replacement remedy applies to new vehicles, according to TxDMV.
The law covers more than cars. TxDMV says it applies to cars, trucks, vans, motorcycles, ATVs, motor homes, towable recreational vehicles and neighborhood electric vehicles. An untitled demonstrator vehicle counts as new. Repossessed vehicles, boats, farm equipment and non-travel trailers are not covered.
Does Texas have a lemon law for used cars?
Only in a limited way. The refund-or-replacement remedy is for new vehicles. A used vehicle can still get repair help if it is under the manufacturer’s original warranty, or if the defect began and was reported to the dealer while that warranty was active and the problem still exists. An extended service contract does not count.
If you bought a used car outside the factory warranty, the lemon law will not buy it back. Your rights come from the sales paperwork instead. The Texas Attorney General says a used car dealer must show on the window sticker whether the car is sold “as is” or with a warranty, and an “as is” sticker means the seller has no duty to make repairs. TxDMV adds that you may also have a claim under the Texas Deceptive Trade Practices Act, which is a private lawsuit and usually needs a lawyer.
What makes a car a lemon in Texas?
A vehicle qualifies when a defect covered by the warranty creates a serious safety hazard or substantially impairs its use or market value, and the manufacturer has had a reasonable chance to fix it. A minor rattle or static on the radio will not meet that bar. TxDMV gives those examples of problems that fall short.
The statute defines a serious safety hazard as a life-threatening malfunction that substantially impedes control or operation of the vehicle, or creates a substantial risk of fire or explosion.
How many repairs does the Texas lemon law require?
Meeting any one of three tests creates a presumption that the manufacturer had a reasonable number of attempts. Under Occupations Code § 2301.605, the repairs must happen before the earlier of the warranty ending or 24 months or 24,000 miles from delivery.
| Test | What you need |
|---|---|
| Four repairs | The same defect was repaired four or more times and still is not fixed |
| Serious safety hazard | A defect that creates a serious safety hazard was repaired two or more times and still is not fixed |
| Thirty days | The vehicle was out of service for repairs for 30 or more days in total, and the problem still substantially impairs it |
Days when the manufacturer gave you a comparable loaner do not count toward the 30. That detail matters, because a free loaner can quietly stop your clock.
What is the deadline to file a lemon law claim in Texas?
You must start the case within six months after the earliest of three dates: the warranty expiring, 24 months passing since delivery, or 24,000 miles on the odometer. This is in Occupations Code § 2301.606. TxDMV tells owners to file as soon as they realize the dealer cannot fix the problem.
Because the earliest date controls, a car with a 36-month warranty still has a short window. If you hit 24,000 miles at month 14, your six months run from month 14, not from the end of the warranty.
How do you file a lemon law claim in Texas?
Send the manufacturer written notice of the defect and give it at least one more chance to repair. House Bill 2070 (effective September 1, 2017) removed the requirement that the owner mail the notice, and its bill analysis says notices can be made electronically. The notice can come from you, someone acting for you, or TxDMV. TxDMV still recommends certified mail and offers a sample letter. Then file a complaint with TxDMV and pay the $35 fee.
- Mediation: A TxDMV case advisor reviews the complaint and tries to settle it with the manufacturer.
- Hearing: If mediation fails, a hearings examiner decides the case after both sides present evidence.
- Decision: The examiner issues a written decision within 60 days after the hearing closes.
- Appeal: Either side can ask for a rehearing and then seek judicial review in a Travis County district court.
You generally have to finish this administrative process before suing for a refund. Under Occupations Code § 2301.607, if no final order issues by the 151st day after you file, TxDMV must send notice that you may go to court.
How much money do you get back in a Texas lemon law buyback?
A repurchase returns the purchase price minus a charge for your use of the vehicle. TxDMV says the buyback includes taxes, title and license fees, but not the interest on your loan. Your filing fee is reimbursed too. A replacement must be a comparable vehicle you accept, and you pay for any upgrades.
The use charge follows 43 Texas Administrative Code § 224.260(b)(2). Unless the evidence shows otherwise, a vehicle is presumed to last 120,000 miles. The charge has two parts: the price times the miles before you first reported the defect, divided by 120,000, plus half the price times the miles from that report to the hearing date, divided by 120,000.
| Example (illustrative) | Math | Amount |
|---|---|---|
| Total purchase price | Excluding interest, finance charges and insurance premiums | $40,000 |
| Miles before first report | $40,000 x 5,000 / 120,000 | $1,667 |
| Miles from report to hearing | 50% x $40,000 x 10,000 / 120,000 | $1,667 |
| Total use charge | Sum of the two parts | $3,333 |
Leases work differently. The lessee gets lease payments and up-front costs back, less a use allowance, and the lessor receives its purchase price plus an extra 5% under the same rule.
Real situations: how the Texas lemon law plays out
Your new pickup keeps stalling on Highway 290
You have taken it to the dealer four times for the same stalling problem, all in the first 18 months and under 24,000 miles. That meets the four-repair test. Send the manufacturer written notice, then file with TxDMV before the six-month clock runs out.
Your brakes fail twice in the first year
Brake failure can be a serious safety hazard, so two repair visits can be enough. You do not need to wait for a fourth visit if the defect is life-threatening and still present.
You bought a used car “as is” and the engine failed in a week
The lemon law will not force a buyback here. Check the Buyers Guide and your contract for any written warranty. Texas also has no three-day cancellation right for car purchases, according to the Attorney General. A TxDMV complaint can lead to enforcement against a dealer, but TxDMV cannot recover damages for you.
Your SUV spends five weeks at the dealer in 20 months
Thirty or more days in the shop, in total, can meet the third test even if each visit was short. Keep every repair order. They show the dates and the complaint you reported, which is the proof a hearings examiner looks at first.
Myths vs. facts about the lemon law in Texas
| Myth | Fact |
|---|---|
| “Any car with problems is a lemon.” | The defect must be covered by warranty and must be a safety hazard or substantially impair use or value. |
| “I have years to file.” | You have six months after the earliest of warranty end, 24 months or 24,000 miles. |
| “The lemon law covers every used car.” | Refund and replacement are for new vehicles. Used cars get limited repair help under the original warranty. |
| “I must hire a lawyer.” | You can file with TxDMV yourself for a $35 fee. |
| “An extended warranty counts.” | TxDMV says an extended service contract does not qualify a used vehicle. |
What changed in the Texas lemon law?
The big recent change was House Bill 2070, effective September 1, 2017. It replaced the old staggered repair windows with one rule: repairs within the first 24 months or 24,000 miles, or before the warranty ends if sooner. It also removed the requirement that the owner mail the written notice. We found no 2025 or 2026 amendment to Subchapter M or to the repurchase-calculation rule.
What to do if you think your car is a lemon
- Describe the problem fully on every repair order and keep copies.
- Keep a dated log of each repair visit and each day the car is in the shop.
- Send the manufacturer written notice and allow a final repair attempt.
- File with TxDMV before your six-month deadline. The Lemon Law Section can be reached at (888) 368-4689.
Many Texans pair this with other car rules. See our Texas driving and vehicle law guides, including how legal tint in Texas works if you change the car after purchase. Unauthorized modification is one of the defenses a manufacturer can raise.
Frequently asked questions
Does Texas have a lemon law?
Yes. Subchapter M of Chapter 2301 of the Occupations Code is the Texas lemon law, enforced by TxDMV. It requires manufacturers to repurchase, replace or repair new vehicles with serious warranty defects that remain after a reasonable number of repair attempts. You file a complaint with TxDMV and pay a $35 fee.
What is the Texas lemon law time limit?
You must file within six months after the earliest of the warranty ending, 24 months since delivery, or 24,000 miles. The repair attempts you rely on also must happen within the first 24 months or 24,000 miles, or before the warranty expires if that is sooner. Acting early protects you.
What is the lemon law in Texas for used cars?
There is no general buyback right for used cars. A used vehicle may qualify for repair help if the manufacturer’s original warranty still applies or the defect arose under it. An extended service contract does not count. Otherwise your rights depend on the sale contract, any written warranty and possibly the Deceptive Trade Practices Act.
Does the Texas lemon law cover leased cars?
Yes. TxDMV says the law covers people who buy or lease new motor vehicles. A lessee can recover lease payments and up-front costs, less a reasonable use allowance, while the lessor receives its purchase price plus an additional 5%. TxDMV publishes calculation spreadsheets for lease cases.
How much does it cost to file a Texas lemon law claim?
The TxDMV filing fee is $35. If the examiner finds the vehicle qualifies for relief, the refund includes reimbursement of that fee. You can file without a lawyer, although some owners hire one. Keep your repair orders, warranty booklet and sales contract, since those documents drive the outcome.
Can a manufacturer say the defect was my fault?
Yes. Under Occupations Code § 2301.606, a manufacturer may argue the problem came from abuse, neglect or unauthorized modification, or that it does not substantially impair use or market value. Following the maintenance schedule and keeping receipts makes those defenses harder to prove.
Can I sue instead of going through TxDMV?
Not first. You generally must use the TxDMV process before seeking a refund or replacement in court. If no final order issues by the 151st day after you file, TxDMV must notify you of your right to sue. Parties unhappy with a final order can seek review in Travis County.
What changed on this page
October 24, 2026: Verified against current Texas law and TxDMV guidance. Covers the repair presumptions, the six-month filing deadline, the $35 fee, the mileage offset rule and what used car buyers can and cannot do.
If this affects you: gather your repair orders and send written notice to the manufacturer now, because the filing clock is short. A Texas-licensed consumer attorney can review your case, and TxDMV’s Lemon Law Section can explain the process. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.
