How To File Lemon Law in Texas: Step-by-Step

To file a Lemon Law claim in Texas, you must allow the manufacturer reasonable repair attempts, notify the manufacturer in writing, file a complaint with the Texas Department of Motor Vehicles (TxDMV), submit repair and warranty documentation, and participate in mediation or a hearing if required.

If your Texas Lemon Law claim is successful, you may receive a refund, replacement vehicle, or cash compensation.

Here's a detailed step-by-step guide on how to file lemon law in Texas:

1. Check Your Eligibility

Before you can file a Lemon Law complaint in Texas, you must first determine whether your car qualifies.

Generally, this state law applies to new or certified pre-owned vehicles that are still under the manufacturer's warranty. Your car may be considered a "lemon" if it has a substantial defect that persists despite several repair attempts.

Your car may qualify if you meet these requirements:

• You bought or leased a new car or certified pre-owned car in Texas

• The car is still under the manufacturer's warranty

• It has a serious problem that won't go away (such as brake failure, transmission issues, or engine problems)

• The defect significantly impairs the vehicle's use, value, or safety

• You have documentation of repeated repairs

• The dealer tried to fix the same issue at least 4 times, or your car was in the shop for a total of 30 days or more

Note: Minor issues such as dents, broken mirrors, stained seats, scratches, and peeling paint usually don't count.

A vehicle may qualify as a lemon in Texas if any one of the following applies:

Texas Lemon Law Qualification Tests	Description
Four-Times Test	The same defect was repaired 4 or more times without success.
Serious Safety-Hazard Test	A safety-related defect was repaired at least twice.
30-Day Test	The vehicle was out of service for a total of 30 days for warranty repairs.

See Related: What is the Lemon Law in Texas for Used Cars?

2. Prepare the Necessary Documents

Having the right documents and information ready is critical to a successful Texas Lemon Law claim. Before filing a complaint, gather the following:

• Repair orders that show all attempted repairs by the dealership or service center

• Service records that document what was fixed (or not fixed) during the service visits

• Purchase contract or lease agreement to serve as proof of ownership or lease

• Warranty papers from the manufacturer, which indicate details of coverage and terms

• Timeline record of repair attempts that clearly shows dates, defects, and repair outcomes

To increase your chances of a favorable outcome, prepare and organize these documents ahead of time. Doing so can also help make the filing process smoother.

Note: Keep copies of everything — just in case something gets lost in the process.

3. Give the Dealership a Chance to Fix It

Before filing a Texas Lemon Law claim, you must let the dealership or manufacturer try to repair the car first. The state law allows them several attempts to fix the defect.

Typically, this means taking your car back for repairs at least four times for the same problem. Or, if your vehicle is out of service and stays in the shop for at least 30 cumulative days.

Note: Keep a record of all repairs, including the date of each visit.

4. Notify the Manufacturer in Writing 

Texas law requires written notice to give the manufacturer a final opportunity to repair before the state will accept a claim.

When sending the written notice to the manufacturer, you should say:

• What's wrong with the car (describe the problem/s in detail)

• The number of times you tried to get it fixed (include all details of the repair history)

• Your intent to file a Lemon Law claim if they don't resolve the issue

Note: We recommend using certified mail to have proof that they received your letter. Also, keep a copy for yourself.

5. File a Complaint With the Texas DMV

Now you're ready to start the Texas Lemon Law process. Submit your complaint to the Texas DMV's Lemon Law division, including all necessary documentation. You'll also need to pay the $35 filing fee.

The TxDMV Lemon Law Section administrative staff and case advisor will review your claim and check if all the documents are complete. They may recommend mediation to try to resolve the complaint. But if that option fails, they will schedule a hearing.

6. Prepare for the Lemon Law Hearing

Texas Lemon Law claims are administered and decided by the Texas Department of Motor Vehicles through an administrative hearing process.

If your case goes to a hearing, you'll have to prepare and organize all the evidence clearly. This includes repair records, warranty details, purchase or leasing agreements, and correspondence with the manufacturer.

Being prepared can help you present your case more effectively.

7. Attend the Hearing and Await a Decision

At the hearing, both you and the manufacturer will have a chance to speak. You may present your case yourself or through a representative. What's important is to explain and show proof of what's wrong with your car and that the manufacturer failed to fix the problem. 

Within 60 days after the hearing, the appointed hearing examiner will decide and issue a final written decision.

If you win the case, you may be entitled to get either of the following:

• Full refund of what you paid

• A replacement car

• Cash settlement (money back for repairs and rental cars)

See Related: Dealership Sold Me a Bad Used Car — What Can I Do?

Texas Lemon Law Filing Deadlines

Lemon Law complaints in Texas must be filed before the earliest of:

• 6 months after the express warranty expires

• 24 months after the vehicle's delivery date

• 24,000 miles after delivery

FAQ About Filing a Lemon Law Claim in Texas

Q: How long do I have to file a Lemon Law claim in Texas?

A: You must file within the duration of the manufacturer's warranty or within two years of the original delivery date, whichever comes first. (See Related: How Long Does the Lemon Law Process Take in Texas?)

Q: Does the Texas Lemon Law cover used cars?

A: The law primarily covers new vehicles, but certain certified pre-owned vehicles may qualify if still under the original warranty.

Q: Can I file a Lemon Law claim without an attorney?

A: Yes, you can file directly with the Texas DMV. However, an attorney may help present complex cases more effectively.

Q: How much does it cost to hire a lawyer for a Lemon Law claim?

A: Most lawyers work on contingency (no upfront fees), and in most cases, the manufacturer will be the one to pay them if you win. For a more detailed explanation, check our article, "How Much Does a Lemon Lawyer Cost in Texas?".

Q: Who decides Lemon Law cases in Texas?

A: Lemon Law cases are decided through an administrative process run by the Texas Department of Motor Vehicles, not traditional court trials. 

Consult a Lemon Law Attorney

Don't let a lemon stress you out and drain your wallet. You bought your car to drive it. If it doesn't work as it should, the Texas Lemon Law has your back. It's there to help you get the compensation you deserve.

But if your claim involves unclear documentation, a relentless manufacturer, or the risk of denial, consulting a qualified Lemon Law attorney can improve your chances of a favorable outcome. 

Talk to a qualified lawyer who can guide you through the process — from filing to securing fair compensation.