Fisker Lemon Law Texas: What You Need to Know

Fisker Inc. filed for bankruptcy in June 2024, leaving thousands of Fisker Ocean owners without a functioning dealer network or manufacturer support. If you bought or leased a Fisker Ocean or Fisker Karma in Texas and are experiencing defects you cannot get repaired, you still have legal options — including the Texas Lemon Law and claims against the selling dealer.

What Is the Texas Lemon Law?

The Texas Lemon Law is a consumer protection statute that entitles buyers of defective vehicles to a refund or replacement vehicle when a manufacturer cannot repair a substantial defect after a reasonable number of attempts. It applies to new vehicles and certain warranted used vehicles purchased from a Texas-licensed dealer while under the original manufacturer's warranty.

Fisker-Specific Complaints: Extensive NHTSA Data

Despite Fisker's bankruptcy, our NHTSA complaint database shows a significant volume of complaints filed by Fisker Ocean owners. The top categories include:

• Unknown/Other (192 complaints): The largest complaint category for Fisker — reflecting widespread vehicle problems that owners struggle to get diagnosed or resolved, often because the dealer network has collapsed.
• Service Brakes (156 complaints): The Fisker Ocean's braking system generated an enormous number of complaints, including issues with brake-by-wire failures and the autohold system malfunctioning.
• Electrical System (142 complaints): Software-driven electrical failures are pervasive in the Fisker Ocean, including instrument cluster lockups, charging system failures, and loss of vehicle control systems.
• Forward Collision Avoidance: Automatic Emergency Braking (61 complaints): The Ocean's automatic emergency braking system has generated dozens of complaints about unintended activations and system failures.
• Forward Collision Avoidance: Warnings (50 complaints): False positive collision warnings and failure to warn have been reported extensively by Fisker Ocean owners.

Fisker Recalls — And What Bankruptcy Means for You

Before its bankruptcy, Fisker initiated several NHTSA recalls for the Ocean, including:

• Exterior Door Handle Defects (Fisker Ocean): A recall for exterior door handle failures that could prevent occupants from exiting the vehicle.
• Battery Management System Software (Fisker Ocean): Multiple recalls for traction battery management system software failures that could affect range and charging.
• Brake System Software (Fisker Ocean): Recalls for both the electric brake-by-wire system and the autohold brake system software.

Important Note on Fisker Bankruptcy: Fisker Inc. filed for Chapter 11 bankruptcy protection in June 2024. While this complicates manufacturer-level claims, Texas Lemon Law claims may still be pursued against the selling dealer if the vehicle was sold with a written warranty. Additionally, claims under the Texas Deceptive Trade Practices Act (DTPA) may provide additional remedies against dealers who misrepresented the vehicle's condition or the availability of ongoing manufacturer support.

How Texas Lemon Law Applies to Your Fisker

If your Fisker Ocean or Karma was purchased from a licensed Texas dealer with a written warranty, and the vehicle has a substantial defect that cannot be repaired, you may have a Lemon Law claim. The standard tests apply:

• Four-Attempt Test: The same defect has been subject to 4 or more repair attempts without resolution.
• Safety Hazard Test: A safety-threatening defect has been attempted at least 2 times without being fixed.
• 30-Day Rule: The vehicle has been out of service for warranty repairs for a cumulative 30+ days.

Given the bankruptcy, the notification process is more complex — an experienced lemon law attorney can help you navigate the proper steps to preserve your claim against both the manufacturer's estate and the selling dealer.

What You Can Get

Depending on the specific facts of your Fisker case, remedies may include a refund of the purchase price, replacement vehicle (subject to bankruptcy proceedings), or damages under the Texas DTPA. Attorney's fees are recoverable under both the Texas Lemon Law and the DTPA.

Why texaslemonlaw.com?

The Fisker bankruptcy created unprecedented challenges for Texas owners. Our attorneys understand how to navigate lemon law claims against bankrupt manufacturers and their dealers, and we're committed to fighting for the full recovery you deserve.

Get a free case review — we can help you understand your options as a Fisker owner in Texas.