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Texas lemon law: when your car is a lemon and how to claim

In Texas, a new car counts as a lemon after 4 repairs for the same problem, 2 for a serious safety defect or 30 days in the shop within the first 24 months or 24,000 miles. First, send the manufacturer a written notice: the free letter below does it.

Checked against official sources: Oct 22, 2026

24 mo / 24,000 milemon law period
4 triesrepairs for the same problem
30 daysout of service
State process (TxDMV)arbitration or state process before suing
See the ruledeadline to sue or file
Get your letter ↓

Your next 4 steps in Texas

  1. Keep every repair order

    Get a written repair order at every visit, with the date, mileage and days in the shop. In Texas, a car is presumed a lemon after 4 repairs for the same problem, 2 for a serious safety defect or 30 days in the shop.

  2. Send the manufacturer a written notice

    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)). Write your notice letter ↓

  3. Let the manufacturer make its final repair attempt

    If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.

  4. Ask for a refund or replacement, use arbitration, or call a lawyer

    Before you can get a refund or replacement, Texas requires you to go through the Texas Department of Motor Vehicles lemon law complaint and hearing process. See the Arbitration section below.

When a car is a lemon in Texas

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.

Is your car a lemon in Texas? A quick check

Texas: 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.

Fill in what you knowThe result updates as you type.

A rough guide to Texas’s presumption, not legal advice. Even if your car falls short, you may still have a claim under your warranty or federal law.

Notice to the manufacturer

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).

Write your notice letter below.

Arbitration

State process (TxDMV). 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.

Deadline to sue or file in Texas

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)).

What you can get

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)).

Free lemon law notice letter

Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.

Send it by certified mail with return receipt so you have proof, and keep the receipt.

On your registration, insurance card or the driver’s side of the dashboard. A VIN never uses I, O or Q.

Find it in your warranty booklet or owner's manual (look for 'Customer Assistance').

Other formats

Who to contact

Office
Texas Department of Motor Vehicles (TxDMV)
Phone
888-368-4689

What the law covers

New vehicles
Yes
Used vehicles
Yes
Leased vehicles
Yes
Which vehicles
Self-propelled vehicles with two or more wheels built mainly to carry people or property on public roads, which includes cars, trucks and motorcycles. Also covers motor homes and towable recreational vehicles (travel trailers), certain titled off-road vehicles, and engines, transmissions and rear axles made for vehicles over 16,000 pounds GVWR.
Who can claim
A buyer who purchased at retail from a licensed dealer, a lessee (not a sublessee) or lessor, a Texas resident who registered the vehicle in Texas, an active-duty service member stationed in Texas, and later owners or assignees who are Texas residents and registered the vehicle in Texas.

Used cars in Texas

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.

Used car rules in every state

Good to know

  • A vehicle bought back or replaced under a TxDMV order must be fixed and resold with a disclosure statement and a new 12-month/12,000-mile warranty (Tex. Occ. Code § 2301.610).
  • Active-duty service members stationed in Texas are covered even if they bought or leased the vehicle elsewhere (§ 2301.601(2)(D)).
  • Any contract term that waives or limits your lemon-law remedies is void unless it is part of a settlement (§ 2301.607(g)).

Questions about Texas's lemon law

How many repair attempts make a car a lemon in Texas?

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.

How long does Texas's lemon law cover a car?

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.

Do I have to notify the manufacturer in Texas?

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).

Do I have to go to arbitration in Texas?

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.

What can I get under Texas's lemon law?

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.

Is there a deadline to file a lemon law claim in Texas?

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)).

Does Texas's lemon law cover used cars?

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 law

Sources

Last checked: Oct 22, 2026.

Law: 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

Other states