The texas lemon law helps people who buy or lease a new vehicle that the dealer cannot fix. If your new car, truck, or motorcycle keeps going back to the shop for the same problem, this law may let you ask the manufacturer to buy it back, replace it, or repair it. The Texas Department of Motor Vehicles (TxDMV) runs the program. However, the rules are strict. You must meet repair tests, send written notice, and file on time. In this guide, you will learn which vehicles qualify, how the repair tests work, what the $35 filing fee covers, and how the hearing process ends. All figures are current as of October 2026, so always confirm them on the official TxDMV Lemon Law page before you file.
| Quick Fact | Details (as of October 2026) |
|---|---|
| Law | Texas Occupations Code Chapter 2301, Subchapter M |
| Agency | Texas Department of Motor Vehicles (TxDMV) |
| Covered vehicles | New cars, trucks, vans, motorcycles, ATVs, motor homes, towable RVs, neighborhood electric vehicles |
| Repair tests | 4 repairs, 2 repairs for a serious safety hazard, or 30+ days out of service |
| Test window | First 24 months or 24,000 miles, or warranty end if earlier |
| Filing deadline | 6 months after the earliest of warranty end, 24 months, or 24,000 miles |
| Filing fee | $35 |
| Decision | Within 60 days after the hearing record closes |
What Is the Texas Lemon Law?
The Texas Lemon Law is a state consumer law that covers new vehicles with serious defects the manufacturer cannot repair. It sits in Subchapter M of Chapter 2301 of the Texas Occupations Code, and TxDMV handles the complaints.
In simple terms, the law gives the manufacturer a fair chance to fix a problem. If it still fails, the owner can seek a repurchase, a replacement, or an order to repair. The process is an administrative case, so it falls on the civil side of the legal system, not the criminal side.
Which Vehicles Qualify Under the Texas Lemon Law?
New vehicles bought or leased in Texas with a defect covered by the manufacturer’s written warranty qualify. TxDMV also treats demonstrator vehicles that were never titled as new.
According to TxDMV, covered vehicles include:
- New cars, trucks, and vans
- Motorcycles and all-terrain vehicles
- Motor homes and towable recreational vehicles
- Neighborhood electric vehicles
- Leased new vehicles
On the other hand, the law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment. Also, the defect must be serious. Minor rattles or radio static usually do not count, because they do not substantially impair the vehicle’s use or market value.
The Three Repair Tests
You meet the law’s “reasonable number of attempts” standard if you pass any one of three tests. Each test counts only repairs made before the warranty ends or within 24 months or 24,000 miles of delivery, whichever comes first.
- Four-times test: The dealer tried to fix the same defect four or more times, and the problem remains.
- Serious safety hazard test: The dealer tried to fix a serious safety hazard two or more times, and the problem remains. TxDMV describes this as a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle.
- 30-day test: A defect that substantially impairs use or value kept the vehicle in the shop for a total of 30 or more days.
Keep in mind that days with a comparable loaner vehicle do not count toward the 30 days. In addition, mileage limits generally do not apply to towable RVs or vehicles without odometers.
Filing Deadline, Notice, and Fee
You must file within six months after the earliest of three dates: the warranty ends, 24 months pass, or the vehicle reaches 24,000 miles. You must also send written notice to the manufacturer and pay a $35 fee.
The written notice matters a lot. Under Section 2301.606, the manufacturer must get written notice and a chance to cure the defect before TxDMV can order a refund or replacement. TxDMV suggests certified mail and offers a sample letter. For this reason, many owners send the letter before or at the same time as their complaint.
The $35 fee is low compared to a lawsuit. Still, if you later end up in court and cannot afford the costs, you can read about the affidavit of indigency to see how fee waivers generally work.
How to File a Texas Lemon Law Complaint
You file the complaint with TxDMV, pay the fee, and give the manufacturer a final chance to repair. After that, TxDMV tries to settle the case before it goes to a hearing.
- Gather your records. Collect every repair order, your purchase or lease contract, and your warranty booklet.
- Send written notice. Mail a letter to the manufacturer, ideally by certified mail, describing the defect.
- File the complaint. Use the TxDMV online complaint system, which the agency calls the fastest method, and pay the $35 fee.
- Work with a case advisor. TxDMV staff review your complaint and try to help both sides reach a settlement.
- Attend the hearing. If there is no deal, a hearings examiner at the TxDMV Office of Administrative Hearings hears the case.
- Get the decision. The examiner issues a written decision and final order within 60 days after the hearing record closes.
As the complainant, you carry the burden of proof at the hearing. Also, either side may ask for a rehearing within 25 days after the order is signed. After that, an appeal goes to a district court in Travis County.
Possible Outcomes Compared
If you win, the examiner can order a repurchase, a replacement, or a repair. Only new vehicles qualify for a refund or replacement.
| Outcome | What Happens | Key Detail |
|---|---|---|
| Repurchase | The manufacturer buys the vehicle back for the purchase price, including tax, title, and license fees | A deduction for your use is subtracted; loan interest is not included |
| Replacement | The manufacturer gives you a comparable vehicle you accept | A mileage deduction applies, and you pay for any upgrades |
| Warranty repair | The manufacturer must fix the defect | You may get back out-of-pocket costs for covered repairs |
TxDMV figures the use deduction with a formula based mainly on the miles driven at the time of the hearing.
What About Used Vehicles?
Used vehicles generally cannot get a buyback or replacement. However, a used vehicle still under the manufacturer’s original warranty may qualify for a warranty repair order.
TxDMV calls this a warranty performance claim. An extended service contract does not count as the original warranty. Moreover, you may still get help if the defect first appeared and was reported during the original warranty and still exists.
Federal Option: The Magnuson-Moss Warranty Act
The federal Magnuson-Moss Warranty Act is a separate law that governs written warranties on consumer products, including cars. It can be another path when a warrantor fails to honor a warranty. The FTC guide to federal warranty law explains the basics.
Unlike the state program, a Magnuson-Moss claim usually goes through court or a warranty dispute program. A licensed Texas attorney can explain how the two laws fit together in a specific case.
Records to Keep and Common Mistakes
Good records often decide these cases. Therefore, save every document tied to the vehicle from the day you buy it.
- Keep every repair order, and make sure each one describes your complaint fully.
- Keep a dated log of each problem, including where it happened.
- Check recalls and service bulletins on the NHTSA website.
Meanwhile, avoid these common mistakes:
- Waiting too long and missing the six-month deadline
- Skipping the written notice to the manufacturer
- Using an independent shop instead of an authorized dealer
- Accepting vague repair orders such as “could not duplicate” without adding your own notes
Conclusion
The texas lemon law gives new vehicle owners a low-cost way to deal with a defect that will not go away. First, check that your vehicle and defect qualify. Next, track your repair attempts against the four-times, safety, and 30-day tests. Then send written notice, file with TxDMV, and pay the $35 fee within the six-month window. Because the details can change, confirm every rule on the TxDMV website before you act. For more plain-English guides, visit our Law section, or learn who counts as a claimant in a legal case.
Frequently Asked Questions
How much does it cost to file a Lemon Law complaint in Texas?
As of October 2026, TxDMV charges a $35 filing fee. You can file online through the agency’s complaint system.
How long do I have to file?
You must file within six months after the earliest of three dates: the warranty ends, 24 months pass, or the vehicle hits 24,000 miles.
Does the law cover leased vehicles?
Yes. TxDMV says the program helps people who buy or lease new vehicles.
Do I need a lawyer to file?
No. Many owners file on their own. Still, you may bring an attorney to the hearing if you notify the hearings examiner at least five business days ahead.
Can I appeal a decision I disagree with?
Yes. First, you file a motion for rehearing within 25 days after the order is signed. If TxDMV denies it, you can seek review in a Travis County district court.
Sources
- Texas Department of Motor Vehicles, Texas Lemon Law page (txdmv.gov), accessed October 2026
- Texas Department of Motor Vehicles, Office of Administrative Hearings page (txdmv.gov), accessed October 2026
- Texas Department of Motor Vehicles, Notice of Complaint Procedure for New Vehicle Owners and Lessees
- Texas Occupations Code, Chapter 2301, Subchapter M, Sections 2301.605 and 2301.606
- Federal Trade Commission, Businessperson’s Guide to Federal Warranty Law