Q. What is the Lemon Law?

A. Good or bad, the Lemon Law was enacted by the Texas Legislature to give some protection to consumers who purchased cars with substantial defects. The law provides for an administrative process to handle warranty disputes concerning automobiles. The good side of the Lemon Law is that one does not have to hire a lawyer to get the benefit of the process. The bad news about the Lemon Law is that people who employ it do not speak with a lawyer first. Because the law limits the amount of damages a person can get for being sold a defective car, it is sometimes better to pursue a claim under the Texas Deceptive Trade Practices Act. A lawyer can determine which avenue is best in a particular circumstance and most will do it for no fee.

Q. I bought a 1997 Ford Mustang from a dealership on the North Freeway and I have had nothing but problems. I have taken it back to the dealership several times and they tell me they want to charge me to fix it. They say I bought the car “as is.” Can I use the Lemon Law to get them to fix the car?

A. No. Unfortunately, the Lemon Law only applies to new cars. Since most “lemons” are older cars that have been sold used, consumers often do not have an avenue to hold the seller responsible for the defective automobile. It is a rare circumstance that a buyer can win damages from a seller when they bought the car “as is”. You should look at all of the documents you were given at the time you purchased the car. In some circumstances, you may be able to bring a claim under other laws. In either event, you should discuss your case with a lawyer who should be able to tell you, at no cost, if you have a viable claim.

Q. I bought a new car and the day I drove it off of the lot, I had problems. I don’t want the thing anymore. What should I do?

A. First, simply buying a new car that has a problem is not enough to qualify you to take advantage of the Lemon Law. The defect in the car must either create a serious safety hazard or it must substantially impair the use or market value of the vehicle. Next, the seller of the automobile must be given a reasonable opportunity to repair the defect.

Q. What is a reasonable opportunity? I don’t want a new car that I have to make new car payments on that has to be immediately repaired. Can I make them buy it back?

A. Sellers of new cars are generally not required to buy one back with a problem. They must first have a chance to fix the problem. A reasonable opportunity to repair the defect is usually twice within the first year or 12,000 miles and twice in the next year or 12,000 miles. If the defect is a serious safety hazard, only two attempts may be required. Also, if the car is out of service for 30 days or more because of repairs, this requirement of the Lemon Law may have been met.

Q. My car runs O.K., it just is uncomfortable and uses too much gas. I have taken it to the dealership many times and they have tried to repair the problems. Can I use the Lemon Law?

A. You can and should try but it is likely the administrative process will not help you because the defect may not be considered a “substantial defect” under the law. There is a phrase in the law “caveat emptor” or buyer beware. Buyers should be aware in all transactions but especially auto purchases. Consumers should test drive and spend time researching and looking at cars before they buy because, unless the dealership gives a trial period of some kind, there will be no taking the car back.

Q. I think I qualify to use the Lemon Law. How do I get started?

A. First you should do so quickly because there are deadlines to bring a Lemon Law claim which change depending upon your personal warranty. Next you should contact the Texas Department of Transportation at 1-800-622-8682. They can give you the procedures and mail you a complaint form.

Q. I leased my new vehicle. Can I get the benefit of the Lemon Law?

A. Yes.

Q. I am having a problem with my new car but it doesn’t sound like I will qualify under the Lemon Law yet. What can I do?

A. You should talk to the seller first. Most good dealerships want the opportunity to get your business in the future and will try to make it right. Talk to a manager and if you can’t get someone to help you, wait out the time you need under the Lemon Law, talk with a lawyer, and/or don’t do business with that dealership again.