Texas · Lemon law · Updated Oct 2026
Texas Lemon Law (Occupations Code ch. 2301, subch. M, Warranties: Rights of Vehicle Owners) (Tex. Occ. Code §§ 2301.601–2301.613; also §§ 2301.204, 2301.712) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in Texas, the notice you must send and what you can get back.
Your vehicle is presumed a lemon if, within the period, the same defect has been repaired 4 or more times and still exists, a serious safety hazard (a life-threatening defect that impairs control or creates a risk of fire or explosion) has been repaired 2 or more times and still exists, or the vehicle has been out of service for repair a total of 30 or more days while a defect that substantially impairs use or market value remains. Days when the manufacturer gave you a comparable loaner do not count. Before any refund or replacement order, the manufacturer must have received written notice of the defect and had a chance to cure it.
Period: Repair attempts must happen before the earlier of the warranty's expiration or 24 months or 24,000 miles (whichever comes first) from original delivery.
You (or someone for you, or TxDMV) must give the manufacturer, converter or distributor written notice of the defect and a chance to fix it before TxDMV can order a refund or replacement (Tex. Occ. Code § 2301.606(c)). Your complaint must be in writing and list each defect (§ 2301.204).
Texas does not use arbitration. To get a refund or replacement you must first go through the Texas Department of Motor Vehicles lemon-law complaint and hearing process (Tex. Occ. Code § 2301.607). The filing fee is $35, repaid by the manufacturer if you win (§ 2301.712). If there is no final order within 150 days, TxDMV must notify you by certified mail that you may file a civil lawsuit.
The manufacturer must replace the vehicle with a comparable one, or take it back and refund the full purchase price minus a reasonable allowance for your use (use while the vehicle was not out of service for repair) and any other allowances or refunds owed to you. It must also repay reasonable incidental costs from loss of use, as defined by TxDMV rules. Refunds are split with any lienholder; for leases, the order may end the lease and divide the refund between lessee and lessor.
Attorney fees: The lemon-law subchapter itself does not provide attorney fees; if you later sue the manufacturer under the Deceptive Trade Practices Act after the TxDMV process, a winning consumer is awarded reasonable attorney fees (Tex. Bus. & Com. Code § 17.50(d)).
Deadline: File your TxDMV complaint within 6 months after the earliest of: the warranty's expiration, or 24 months or 24,000 miles from original delivery (Tex. Occ. Code § 2301.606(d)).
The lemon law is about new-vehicle warranties, but a later owner who is a Texas resident and registered the vehicle in Texas counts as an 'owner' (§ 2301.601(2)(E)), so a used vehicle can qualify if the repair attempts fall within the warranty and the first 24 months/24,000 miles. The Texas State Law Library notes lemon laws may apply to used vehicles still under the manufacturer's warranty.
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. You (or someone for you, or TxDMV) must give the manufacturer, converter or distributor written notice of the defect and a chance to fix it before TxDMV can order a refund or replacement (Tex. Occ. Code § 2301.606(c)). Your complaint must be in writing and list each defect (§ 2301.204). Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Your vehicle is presumed a lemon if, within the period, the same defect has been repaired 4 or more times and still exists, a serious safety hazard (a life-threatening defect that impairs control or creates a risk of fire or explosion) has been repaired 2 or more times and still exists, or the vehicle has been out of service for repair a total of 30 or more days while a defect that substantially impairs use or market value remains. Days when the manufacturer gave you a comparable loaner do not count. Before any refund or replacement order, the manufacturer must have received written notice of the defect and had a chance to cure it.
Repair attempts must happen before the earlier of the warranty's expiration or 24 months or 24,000 miles (whichever comes first) from original delivery.
You (or someone for you, or TxDMV) must give the manufacturer, converter or distributor written notice of the defect and a chance to fix it before TxDMV can order a refund or replacement (Tex. Occ. Code § 2301.606(c)). Your complaint must be in writing and list each defect (§ 2301.204).
Texas does not use arbitration. To get a refund or replacement you must first go through the Texas Department of Motor Vehicles lemon-law complaint and hearing process (Tex. Occ. Code § 2301.607). The filing fee is $35, repaid by the manufacturer if you win (§ 2301.712). If there is no final order within 150 days, TxDMV must notify you by certified mail that you may file a civil lawsuit.
The manufacturer must replace the vehicle with a comparable one, or take it back and refund the full purchase price minus a reasonable allowance for your use (use while the vehicle was not out of service for repair) and any other allowances or refunds owed to you. It must also repay reasonable incidental costs from loss of use, as defined by TxDMV rules. Refunds are split with any lienholder; for leases, the order may end the lease and divide the refund between lessee and lessor.
File your TxDMV complaint within 6 months after the earliest of: the warranty's expiration, or 24 months or 24,000 miles from original delivery (Tex. Occ. Code § 2301.606(d)).
The lemon law is about new-vehicle warranties, but a later owner who is a Texas resident and registered the vehicle in Texas counts as an 'owner' (§ 2301.601(2)(E)), so a used vehicle can qualify if the repair attempts fall within the warranty and the first 24 months/24,000 miles. The Texas State Law Library notes lemon laws may apply to used vehicles still under the manufacturer's warranty.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawLast checked: Oct 2026.
Law: Tex. Occ. Code §§ 2301.601–2301.613; also §§ 2301.204, 2301.712