Buying a car is a significant decision for any family. A new car not only represents a considerable investment but also a source of well-being, making daily tasks much easier. However, on some occasions, these vehicles come with incorrigible defects that bring discomfort and headaches. Every year 1% (about 150,000 units) of the vehicles manufactured are sold under these conditions.
These cars are called lemons: they have repetitive and irremediable problems. Faced with this situation, many states (including Texas) have formulated legal instruments to combat this negligent conduct of corporations: the lemon law for a new car. If you are going through this difficulty, you should know more about this law.
Does Your Case Qualify For The Lemon Law?
If your new vehicle is defective and you want to protect yourself under the law, the first thing you should know is if your case qualifies as a lemon. First, the defect must be substantial: a problem covered by the warranty that affects the use, value, or safety of the car. For example, a brake or steering failure is substantial, but a defective stereo knob or door handle is not.
The second precondition for your vehicle to be qualified as lemon is that the damage is irreparable. To do this, a series of reasonable repair attempts must have occurred, without satisfactory results. In this case, you must allow the dealer to make the necessary attempts. These are the main flaws to be considered by the lemon law:
- A serious safety defect (brakes, steering, airbags) that persists after repair attempts.
- Any other significant defect that still exists after 3 or 4 repair attempts by the dealer.
- The vehicle is out of service (at least 30 days) due to one or more substantial defects under warranty.
How Does the Lemon Law Protect You?
If you find yourself in any of these situations, you are entitled to fair compensation that will allow you to alleviate the discomfort you have suffered. The first compensatory mechanism is the repurchase/refund of the lemon. In this case, these are the main compensations you can demand:
- Down payment
- Monthly payments
- Collateral payments: taxes, administrative expenses, finance charges, registration, contracts, and prorated services
- Incidental and indirect costs: rentals of cars, tows, and leasings related to the lemon
- Paying off your loan balance
The second mechanism par excellence of the lemon law for new car to help you receive your compensation is the replacement of the car. The company must comply with these conditions:
- The vehicle must be substantially identical to yours. It must have the same characteristics as your lemon when you bought it or leased it
- Same service conditions as your current vehicle
- Comply with the factory options provided by the original car, such as anti-corrosive coatings
- Reimburse incidental and consequential expenses related to the lemon (rental vehicle expenses or towing expenses, for example)
Need Assistance With Lemon Law for New Car?
If you are going through this uncomfortable time, and your new car only brings headaches to you and your loved ones, you are in the ideal place. For years the Allen Stewart, P.C. team has been successfully defending the citizens of Texas from the negligent actions of corporations. Let the best team fight for your rights, and help you regain the well-being you so deserve. Contact us.