Texas Lemon Law rules at a glance
The Texas Lemon Law sits in Chapter 2301, Subchapter M of the Texas Occupations Code, starting at § 2301.601. The Texas Department of Motor Vehicles (TxDMV) runs the complaint process through the Lemon Law Section of its Enforcement Division.
| Rule | What Texas law says | Source |
|---|---|---|
| Vehicles covered | New cars, trucks, vans, motorcycles, ATVs, motor homes, towable RVs and neighborhood electric vehicles, including leased vehicles and never-titled demonstrators | TxDMV |
| Not covered | Repossessed vehicles, non-travel trailers, boats, farm equipment and minor defects | TxDMV |
| Protection window | 24 months or 24,000 miles from original delivery, or the end of the express warranty if earlier | § 2301.605(a) |
| Four Times Test | Same defect continues after 4 or more repair attempts | § 2301.605(a)(1) |
| Safety Hazard Test | A serious safety hazard continues after 2 or more repair attempts | § 2301.605(a)(2) |
| 30 Days Test | 30 or more cumulative days out of service for repair; comparable loaner days excluded | § 2301.605(a)(3), (c) |
| Written notice | Required before a refund or replacement order; the manufacturer gets a chance to cure | § 2301.606(c) |
| Filing deadline | 6 months after the earliest of warranty expiration, 24 months or 24,000 miles | § 2301.606(d) |
| Filing fee | $35, paid to TxDMV with the complaint | TxDMV |
| Decision | Written decision within 60 days after the hearing closes | TxDMV |
| Usage deduction | Price × miles before first report ÷ 120,000, plus 50% of price × later miles ÷ 120,000 | 43 TAC § 224.260 |
Does your car qualify under the Texas Lemon Law?
TxDMV lists six conditions. Your vehicle needs all of them:
- It has a substantial manufacturing defect.
- The defect is covered by the manufacturer’s written warranty.
- You reported the defect to the dealer or manufacturer during the warranty term.
- You gave the dealer a reasonable number of repair attempts.
- You sent the manufacturer written notice and gave it at least one chance to fix the defect.
- The defect still exists and substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.
Condition 4 is where the three presumption tests come in. If your repair history meets one of them, Texas law presumes the manufacturer has had a reasonable number of attempts. The tests count only repairs made before the earlier of the warranty ending or 24 months or 24,000 miles after delivery.
Four Times Test
The same defect continues after 4 or more repair attempts by the manufacturer or its authorized dealer.
§ 2301.605(a)(1)Serious Safety Hazard Test
A defect that creates a serious safety hazard continues after 2 or more repair attempts.
§ 2301.605(a)(2)30 Days Out of Service
The defect substantially impairs the vehicle and it spent a total of 30 or more days in the shop for repair.
§ 2301.605(a)(3)What counts as a serious safety hazard?
Texas defines a serious safety hazard as a life-threatening malfunction or nonconformity that substantially impedes your ability to control or operate the vehicle for ordinary use, or that creates a substantial risk of fire or explosion. Brakes that fail, steering that locks or an engine that stalls in traffic fit this definition. A faulty infotainment screen does not.
What does “substantially impairs” mean?
The defect must make the vehicle unfit, unreliable or unsafe for ordinary use, or lower its market value. Texas courts ask whether a reasonable buyer who knew about the defect would refuse to buy the vehicle or would pay much less for it. TxDMV names minor rattles and radio static as examples that do not qualify.
Do loaner days count toward the 30 days?
No. Under § 2301.605(c), days when the manufacturer or distributor gave you a comparable loaner while a franchised dealer repaired your car are left out of the count. The 30 days do not need to be in a row.
Keep every repair order. Each repair order is proof of a repair attempt, with its date, mileage and the problem you reported. Ask for one even when the dealer finds “no problem”. If a repair order is missing, ask the dealer’s service department for a copy; dealers keep them on file.
What is the Texas Lemon Law deadline?
You must file your complaint with TxDMV within six months after the earliest of these three events (§ 2301.606(d)):
- the manufacturer’s express warranty expires,
- 24 months pass since the vehicle was first delivered to an owner, or
- the vehicle reaches 24,000 miles since that delivery (this limit does not apply to towable RVs).
Most new-vehicle warranties run longer than 24 months, so for most owners the clock is set by whichever comes first: the 2-year anniversary or the 24,000th mile. High-mileage drivers reach the mileage limit first. TxDMV advises filing as soon as it is clear the dealer cannot fix the problem, rather than waiting for the deadline.
Worked example: one Texas owner’s deadline
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | Clock starts |
| Warranty ends (3 yr / 36,000 mi) | After the dates below | Not the earliest event |
| 24 months after delivery | Mar 15, 2027 | Not the earliest event |
| Odometer passes 24,000 miles | Jun 3, 2026 | Earliest event: window closes |
| Filing deadline (+ 6 months) | Dec 3, 2026 | Last day to file with TxDMV |
Our lemon law filing deadline finder runs this calculation from your own dates. When you do not know the exact day you passed 24,000 miles, it estimates the date from your repair-order mileage and marks the result as estimated.
How to file a Texas Lemon Law complaint
You do not need a lawyer to use the TxDMV process. These are the steps, in order:
- Collect your recordsPurchase or lease contract, warranty booklet, every repair order, loaner records and any letters to or from the manufacturer.
- Send written notice to the manufacturerDescribe the defect and the repair history and ask for a final repair. TxDMV recommends certified mail and publishes a sample notice letter. Our lemon law notice letter generator fills in your details.
- File the complaint with TxDMVUse the online complaint system for the fastest processing, or mail it to TxDMV Enforcement Division, 4000 Jackson Ave, Austin, TX 78731. Include the $35 fee.
- The manufacturer gets a last repair opportunityThe complaint puts the manufacturer on notice and gives it a final chance to repair the defect.
- MediationA TxDMV case advisor checks that the complaint is complete and eligible and tries to settle it between you and the manufacturer.
- HearingIf there is no settlement, an independent hearing examiner hears both sides. You can bring your vehicle, records and witnesses.
- Decision and appealThe examiner issues a written decision within 60 days after the hearing closes. Either side can ask TxDMV for a rehearing and then appeal to a district court in Travis County.
Questions about eligibility go to the TxDMV Lemon Law Section at (888) 368-4689.
What can you get under the Texas Lemon Law?
Section 2301.604 gives three outcomes. Refund and replacement are available only for new vehicles.
| Remedy | What you receive | What is deducted |
|---|---|---|
| Repurchase (refund) | Purchase price, including tax, title and license fees, plus reasonable incidental costs | Usage deduction; interest and finance charges are not refunded |
| Replacement | A comparable vehicle acceptable to you, usually the same make, model and equipment | Usage deduction; you pay for upgrades |
| Warranty repair | An order to repair the defect, with possible reimbursement of covered repair costs | None |
How Texas calculates the usage deduction
TxDMV rule 43 TAC § 224.260 sets a two-part formula based on a presumed 120,000-mile vehicle life:
- Part A: purchase price × miles driven from delivery to the first report of the defect ÷ 120,000.
- Part B: 50% × purchase price × miles driven after the first report through the hearing date ÷ 120,000.
Miles driven after you first reported the defect cost you half as much, because you were driving a defective vehicle. Towable RVs use days instead of miles, with a 5,475-day (15-year) life.
| Step | Math | Amount |
|---|---|---|
| Purchase price (incl. tax, title, license) | — | $42,000.00 |
| Part A: use before first report | $42,000 × 6,100 ÷ 120,000 | −$2,135.00 |
| Part B: use after first report | 50% × $42,000 × 20,900 ÷ 120,000 | −$3,657.50 |
| Filing fee reimbursed | — | +$35.00 |
| Estimated refund | Before incidental costs | $36,242.50 |
If you still owe money on a loan, the refund is split between you and the lender according to each one’s interest in the vehicle (§ 2301.604(b)). TxDMV publishes official repurchase calculation worksheets for purchases, leases and towable RVs.
Does the Texas Lemon Law cover used cars?
Partly. A used vehicle is covered while the original manufacturer warranty still applies. An extended service contract does not count. The 24-month and 24,000-mile limits run from the date the vehicle was first delivered to its first owner, not from the date you bought it, so a two-year-old used car is usually already outside the window.
Refund and replacement are limited to new vehicles. A used-car owner whose defect began and was reported during the original warranty can still get repair help through TxDMV. For a used car sold “as is” or with only a dealer warranty, the federal Magnuson-Moss Warranty Act and the dealer’s written terms are the usual routes.
Leased vehicles, RVs and motorcycles in Texas
| Vehicle | Covered? | What changes |
|---|---|---|
| Leased new vehicle | Yes | Refund is calculated on the lessor’s price paid, with a separate TxDMV lease worksheet |
| Motor home | Yes | Same tests and deadlines as a car |
| Towable RV (travel trailer) | Yes | No mileage limit; usage deduction counts days, not miles |
| Motorcycle or ATV | Yes | Same tests and deadlines as a car |
| Neighborhood electric vehicle | Yes | Same tests and deadlines as a car |
| Boat, farm equipment, non-travel trailer | No | Outside the Texas Lemon Law |
How manufacturers defend Texas Lemon Law claims
Section 2301.606(b) gives the manufacturer two main defenses. Prepare for both before the hearing:
- Abuse, neglect or modification. The manufacturer argues the defect came from abuse, neglect or an unauthorized modification or alteration of the vehicle. Keep your maintenance receipts and avoid aftermarket parts near the problem area.
- No substantial impairment. The manufacturer argues the defect does not substantially impair use or market value. Describe in your complaint how the defect affects daily driving, safety or resale value, with dates and examples.
Manufacturers also check whether the written notice was sent and whether repair visits fall inside the window. The report from our free lemon law checker for your car lists which visits count and which do not.
Texas Lemon Law FAQs
What qualifies a car as a lemon in Texas?
A warranty defect that substantially impairs the vehicle’s use or market value, or creates a serious safety hazard, and survives a reasonable number of repair attempts. Texas presumes the attempts were reasonable after 4 repairs for the same defect, 2 repairs for a serious safety hazard, or 30 or more days out of service, all within 24 months or 24,000 miles of delivery and inside the warranty.
How long do you have to file a lemon law claim in Texas?
Six months after the earliest of three events: the express warranty expires, 24 months pass since delivery, or the vehicle reaches 24,000 miles since delivery. The mileage limit does not apply to towable RVs. The deadline comes from Texas Occupations Code § 2301.606(d).
Does the Texas lemon law apply to used cars?
Only while the original manufacturer warranty still applies, and only inside the 24-month or 24,000-mile window counted from the first owner’s delivery date. An extended service contract or an as-is sale does not count. Refund and replacement are limited to new vehicles; a used-car owner may still get warranty repair help.
How much does it cost to file a Texas lemon law complaint?
TxDMV charges a $35 filing fee. If you win a repurchase, the order adds the fee back to your refund under 43 TAC § 224.260.
Do days with a loaner car count toward the Texas 30-day test?
No. Under § 2301.605(c), days when the manufacturer or distributor gave you a comparable loaner vehicle while a franchised dealer repaired your car do not count toward the 30 days.
How long does the Texas lemon law process take?
TxDMV first reviews the complaint and tries to mediate a settlement. If the case goes to a hearing, the hearing examiner must issue a written decision within 60 days after the hearing closes. Either side can then ask for a rehearing and appeal to a Travis County district court.
Sources
Checked on October 10, 2026. We re-verify Texas rules when the Legislature or TxDMV changes them. Read how we check every rule in our editorial policy.
- Texas Occupations Code, Chapter 2301, Subchapter M §§ 2301.601, 2301.604, 2301.605, 2301.606
- Texas Department of Motor Vehicles: Texas Lemon Law Covered vehicles, process, $35 fee, 60-day decision
- 43 Texas Administrative Code § 224.260: Lemon Law relief decisions Usage deduction formula, filing fee reimbursement
- TxDMV: Office of Administrative Hearings Hearing procedure