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California Lemon Law
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Texas - Statute §4413(36)
- Vehicles Covered:
- Every fully self-propelled vehicle with the primary purpose of transporting persons or property on public highways and having two or more wheels. New vehicles which have not been the subject of a "retail sale" without regard to mileage.
- Persons Covered:
- Owners on title, transferees and lessees during express warranty period, or any persons entitled to enforce the warranty.
- Period Covered:
- Whichever is first: 24 months or 24,000 miles.
- Notice Requirement:
- (a) Dealer - Provide notice of complaint procedures and rights; (b) Consumer - report the nonconformity to the, distributor, agent or dealer.
- Repair Requirements:
- It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to four or more repair attempts, at least two of which were made with the first 12 months or 12,000 miles. If the defect creates a serious safety hazard, the presumption applies if the defect has subject to two or more repairs, one of which occurred within the first 12 months or 12,000 miles. Presumption also applies if the vehicle has been out of service for 30 or more days and at least two repair attempts were made within 12 months or 12,000 miles.
- Affirmative Defenses:
- The nonconformity does not substantially impair the use or value of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations: statute of limitations.
- The manufacturer shall replace with a comparable vehicle, or refund the full purchase price less a reasonable allowance (defined).
- Other Reimbursement:
- Refunds to the consumer and lien holder; reasonable incidental costs.
- Other remedies:
- There is no limit on other consumer remedies.
- For remedies under this section, a consumer must use the informal dispute procedure established by the manufacturer provided that it complies with 16 C.F.R. 703.
- Dealer Liability:
- Resale of Lemon:
- Disclosure and warranty required.
Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.