What is the Lemon Law in Texas for Used Cars?

The Texas Lemon Law is a consumer protection law designed to help buyers who have purchased vehicles with serious defects that impair use, safety, or value — even after several repair attempts have been made.

This state law applies to used cars if:

• A defect first appeared while the vehicle was still covered by the original manufacturer's warranty

• The car was purchased from a licensed dealership

• The manufacturer was given a reasonable number of attempts to repair a substantial defect that impairs the car's use, safety, or value

So, if your newly purchased used car in Texas keeps breaking down, check how this law can help you get a refund, replacement, or free repairs.

Does Texas Lemon Law Cover Used Cars?

Yes, but with limits.

Most people think the Texas Lemon Law only covers new vehicles, but it can also protect used cars that meet these requirements:

• The problem started while the warranty was still active

• Purchased from a dealership (not from a private seller)

• Still under the original manufacturer's warranty (not an extended warranty or service contract)

Used cars that may qualify:

• Used cars with remaining factory warranty coverage

• Certified pre-owned (CPO) vehicles with active warranties

• Dealer-sold vehicles where you reported the car issue/s right away

Used cars that don't qualify:

• Sold "as-is" with no warranty

• The warranty had already expired when the problem started

• Sold by private individuals (Craigslist, Facebook Marketplace, etc.)

• Problems caused by accidents, poor maintenance, or modifications

Note: Even if your car doesn't qualify under Texas Lemon Law, you may still have protection under federal warranty laws like the Magnuson-Moss Warranty Act. A lemon law attorney can help you figure out which law applies to your case.

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

What Qualifies as a "Lemon" Under Texas Law?

Many people in Texas believe the Lemon Law only applies to new cars. In reality, the law can also protect used car buyers — but only when specific legal criteria are met.

Whether new or used, your car is a lemon if it has serious defects that the dealer or manufacturer can't fix, even after multiple repair attempts.

The problem must make the car unsafe to drive, hard to use, or worth less money. Note, though, that normal wear and tear doesn't count. Neither do problems caused by owner abuse, neglect, or unauthorized modifications.

Important: Texas uses three tests to determine whether a vehicle qualifies as a lemon. So, if your used car meets any one of these tests, it may be enough to establish a valid Lemon Law claim:

The Four-Times Test

This applies if the dealer or manufacturer has attempted to repair the same problem with your car four or more times, to no avail. The issue must be serious enough to substantially impair the car's normal operation or value — not just a minor annoyance. Here are some examples:

• Engine stalling or misfiring

• Transmission slipping or failing

• Electrical problems that keep coming back

The Serious Safety-Hazard Test

Your vehicle may qualify if it has a problem that poses a serious safety risk, which the manufacturer tried to fix at least twice.

These are some examples of defects that could cause an accident or injury:

• Airbags not working

• Sudden acceleration or stalling

• Steering issues or loss of control

• Brake failure or other brake problems

The 30-Day Test

This applies if your vehicle has been in the shop for 30 days or more (total, not consecutive) for warranty repairs.

The cause can be:

• One major problem that takes forever to fix

• Waiting for parts that take weeks or months

• Several related issues that add up to 30+ days

Note for used cars: These tests apply only if the vehicle was under the original manufacturer's warranty when the defect first appeared. So, keep your repair records, service invoices, and other related documentation — you'll need them to prove your case.

Important Warranty Limitations for Used Cars:

• Extended warranties

• Dealer service contracts

• "As-is" sales with no express warranty

• The defect must begin during the original manufacturer's warranty period, even if the vehicle is later sold as used

How to File a Lemon Law Claim in Texas

Most people buy a used car to save money. Unfortunately, many discover they were sold a lemon car only after signing the paperwork and driving the car a few times. Then, they end up with a never-ending repair nightmare — and no cheek-pinching can end the bad dream.

But if your used car qualifies as a lemon under Texas law, you can escape the ordeal. Here's a quick overview of how you can file a Lemon Law claim in the state:

1. Notify the manufacturer in writing and give them a last chance to repair the defect.

2. Gather your documentation, including repair orders, warranty records, and proof of purchase.

3. File a Lemon Law complaint with the Texas Department of Motor Vehicles (TxDMV) and submit all required paperwork.

4. Participate in mediation or a hearing if requested by the state to resolve the dispute.

There are several possible outcomes, including:

• Vehicle repurchase or refund

• Replacement vehicle

• Additional repair attempts (at no cost to you)

TxDMV enforces, administers, and decides Lemon Law claims in Texas, and the exact outcome will depend on the severity of the defect and the repair history.

For the full details on each step, see our complete guide on How to File Lemon Law in Texas.

Note: Be aware that strict deadlines apply. In most cases, you'll need to file your complaint within six months after the expiration of the express warranty, 24 months after purchase, or 24,000 miles after vehicle delivery, whichever comes first.

FAQ About the Texas Lemon Law for Used Cars

Q: Does the Lemon Law in Texas apply to cars sold "as-is"?

A: Vehicles sold "as-is" (where the dealer doesn't promise that everything works) are usually not covered by the Texas Lemon Law. But if the dealer lied about the car's condition or hid major issues, you might have a fraud case instead.

Q: Can I file a Lemon Law claim without repair records?

A: You may still file a claim even without the repair records, but it will be very hard to win the case. Courts will need proof that the defect existed, was reported during the warranty period, and that the dealer already attempted to fix it multiple times.

Q: What types of defects qualify under the Texas Lemon Law?

A: Only substantial defects qualify — problems that make the car:

• Unsafe (brakes, steering, airbags)

• Hard to use (won't start, transmission fails, AC broken in Texas heat)

• Worth less money (major mechanical failures)

Don't count: Broken cupholders, shattered mirrors, minor rattles, scratches, dents, and other cosmetic issues.

Q: How long does a lemon law case usually take in Texas?

A: Most Lemon Law cases take 3 to 12 months from filing to resolution, with complex cases taking longer. It depends on the submitted documentation, manufacturer response, mediation requirements, and whether a formal hearing is required.

Get a Lawyer to Help with Your Lemon Law Claim

Recurring car issues can be frustrating and costly. If your used car keeps breaking down, you'll be stuck making payments on a vehicle you can't even drive. So, if you believe you've got a lemon car, consult a Lemon Law attorney who can:

• Review your repair records for free

• Tell you if your car qualifies as a lemon

• Handle all paperwork and deadlines

• Negotiate with the manufacturer

• Fight for the maximum refund or settlement

Car companies have teams of lawyers — you deserve the same level of representation. (See how much a Lemon laywer costs in Texas.)

Call a lemon law attorney today for a free case review. The sooner you act, the better your chances of getting your money back.