By The lemon law in Texas is a state law that protects people who buy or lease a new vehicle with a serious defect the manufacturer cannot fix under warranty. It sits in Chapter 2301 of the Texas Occupations Code and is run by the Texas Department of Motor Vehicles (TxDMV). If your vehicle qualifies, the TX lemon law can get you a repurchase (a refund), a replacement vehicle or a repair order, depending on the facts.
Qualifying comes down to three things: a defect covered by the manufacturer’s written warranty, enough failed repairs or days in the shop within the first 24 months or 24,000 miles, and a complaint filed on time with the $35 fee. Texas does not give you a 30-day or 3-day right to return a car. The lemon law only applies after repairs have failed.
This guide is general information, not legal advice. For a specific vehicle, check the TxDMV Lemon Law page or talk with a Texas lemon law attorney.
Texas Lemon Law Quick Facts
| Item | What it says |
|---|---|
| Law | Texas Occupations Code, Chapter 2301, Subchapter M (Section 2301.601 and following) |
| Agency | Texas Department of Motor Vehicles (TxDMV) |
| What it covers | New vehicles bought or leased from a Texas dealer or lease company and covered by a manufacturer’s written warranty. Demonstrators count as new |
| Coverage window | First 24 months or 24,000 miles from delivery, whichever comes first |
| Repair tests | Four-times test, serious safety hazard test, 30-day test |
| Filing deadline | Within six months after the earliest of warranty expiration, 24 months, or 24,000 miles |
| Filing fee | $35 |
| Lawyer required | No |
| Possible results | Repurchase, replacement or repair |
| Appeals | Motion for rehearing at TxDMV, then further appeal to a state district court in Travis County |
What Is the Lemon Law in Texas?
A lemon is a new vehicle that keeps failing in a way the dealer and manufacturer cannot fix. The Texas legislature wrote the lemon law so owners are not stuck making payments on a vehicle they cannot rely on. The law puts the duty on the manufacturer, not just the dealer, to repair warranty defects or buy the vehicle back.
Two points trip people up. First, the TX lemon law is about repair history, not a cooling-off period. Second, your case is handled in an administrative process at TxDMV, not a jury trial. You file a complaint, TxDMV tries to help the parties settle, and if that fails an independent hearing examiner decides.
Is There a 30-Day Lemon Law or Return Policy in Texas?
No. Texas has no law that lets you return a car within 30 days because you changed your mind, and the federal three-day cooling-off rule does not apply to vehicles bought at a dealership. Some dealers offer return policies in writing, but that is dealer policy, not state law.
People mix this up with the 30-day test, which is one of three ways to prove a vehicle is a lemon. It counts the days your vehicle spent out of service for repairs, not the days since you bought it.
Which Vehicles Does the TX Lemon Law Cover?
- New cars, trucks, vans and SUVs bought from a licensed Texas dealer
- New vehicles leased from a Texas lease company
- Demonstrator vehicles, which Texas treats as new
- Motor homes, towable recreational vehicles and all-terrain vehicles under TxDMV materials
The vehicle needs a manufacturer’s written warranty. A vehicle sold as-is with no warranty gets no lemon law protection.
Does the Texas Lemon Law Cover Used Cars?
Sometimes, but with limits. A used vehicle can be covered if it is still under the original manufacturer’s written warranty and the defect is covered by that warranty. The relief is different, though. Repurchase and replacement are generally tied to new-vehicle claims, while a used-vehicle claim is more likely to end in a repair order.
If you bought a used car as-is, or the factory warranty has expired, the lemon law will not apply. Other laws might, including the federal Magnuson-Moss Warranty Act and breach of warranty claims under Texas law. A lawyer can tell you whether one of those fits.
What Makes a Vehicle a Lemon Under Texas Law?
You carry the burden of proof. In general, you must show all of the following:
- The vehicle has a serious defect or abnormal condition that substantially affects its use, market value or safety.
- The defect is covered by the manufacturer’s written warranty.
- You reported the defect to the dealer or manufacturer during the warranty term.
- You bought or leased the vehicle from a Texas dealer or lease company.
- The manufacturer had written notice and a final chance to fix the problem.
- You filed a timely complaint with TxDMV and paid the filing fee.
Cosmetic issues usually do not count. Damage caused by abuse, neglect or unauthorized modifications also weakens a claim.
The Three Texas Lemon Law Tests
TxDMV frames eligibility around three repair tests. You only need to pass one. Each one has to happen within the first 24 months or 24,000 miles, whichever comes first, and the defect has to still exist.
| Test | What you must show |
|---|---|
| Four-times test | The same defect was taken to an authorized dealer for repair four or more times before the warranty expired or the vehicle reached 24 months or 24,000 miles, and it still is not fixed |
| Serious safety hazard test | A serious safety hazard was repaired two or more times within 24 months or 24,000 miles, and the problem still exists |
| 30-day test | The vehicle was out of service for repair for a total of 30 days or more, not necessarily in a row, within 24 months or 24,000 miles, and a substantial defect still exists |
Loaner vehicles matter for the 30-day test. If the dealer gave you a comparable loaner while your vehicle was being repaired, those days do not count toward the 30.
A simple 30-day test example
Say a new truck’s transmission is in the shop for 10 days in March, 12 days in June and 8 days in September. That adds up to 30 days. They do not need to be consecutive. If the transmission problem still exists and no comparable loaner covered those days, the truck may pass the 30-day test.
How Long Do You Have to File a Texas Lemon Law Complaint?
You must file within six months after the earliest of three dates: the end of the warranty term, 24 months after delivery, or 24,000 miles from delivery.
Here is how that plays out. Suppose your warranty lasts 36 months. The 24-month mark comes first, so your filing window closes six months after that, which is about 30 months after delivery. If you hit 24,000 miles before 24 months, the six-month clock starts at that point instead.
Do not wait for the last day. File as soon as you believe you have a case. A missed deadline can end an otherwise strong claim.
How to File a Lemon Law Complaint in Texas, Step by Step
- Keep every repair order. TxDMV advises keeping all repair orders and a log of recurring problems. Make sure each one shows your complaint, the dates the vehicle was in and out, and the mileage.
- Use an authorized dealer. Take the vehicle to a franchised dealer for each warranty repair and report the defect during the warranty term.
- Send written notice to the manufacturer. Texas requires written notice. TxDMV recommends certified mail so you have proof.
- Allow a final repair attempt. The manufacturer gets at least one chance to fix the defect after it receives your notice.
- File your complaint with TxDMV. Submit the Lemon Law complaint with the $35 filing fee. Filing through the TxDMV online complaint system is typically the fastest route.
- Go through review and mediation. TxDMV staff check your complaint for completeness and eligibility, then try to help the parties settle.
- Attend the hearing if it is not settled. An independent hearing examiner reviews the evidence and issues a decision.
- Know your appeal options. Either side can ask TxDMV for a rehearing, and further appeal goes to a state district court in Travis County.
What Can You Get Under the TX Lemon Law?
| Remedy | What it means |
|---|---|
| Repurchase | The manufacturer buys the vehicle back. You get the purchase price, taxes, title and registration fees and certain incidental costs, minus a reasonable allowance for the miles you drove before the first repair attempt |
| Replacement | The manufacturer provides a comparable replacement vehicle |
| Repair | TxDMV orders the manufacturer to fix the defect, often when the claim does not support a buyback |
The mileage allowance is calculated as miles driven before the first repair attempt, divided by 120,000, multiplied by the purchase price. If you drove 8,000 miles before the first repair on a $40,000 vehicle, the allowance is about $2,667. TxDMV publishes repurchase calculation worksheets on its Lemon Law page if you want to run your own numbers.
Do You Need a Lawyer for a Texas Lemon Law Claim?
No. You can file with TxDMV yourself, and the process was built as a lower-cost option than going to court. A lawyer helps if the manufacturer disputes the defect, your records are patchy or you are close to the deadline.
Many Texas lemon law attorneys take cases on a contingency basis, and manufacturers may be ordered to pay attorney’s fees when a consumer wins. Ask about fees at the first consultation.
What If Your Vehicle Does Not Qualify?
- Federal warranty law. The Magnuson-Moss Warranty Act can apply to written warranty disputes.
- Breach of warranty claims. Texas law allows claims when a warranty is not honored.
- Dealer complaints. If the problem is dealer conduct rather than the vehicle, TxDMV also takes dealer complaints through a separate process.
Common Myths About the Texas Lemon Law
| Myth | Reality |
|---|---|
| I can return any car within 30 days. | No. Texas has no general return window for vehicles. |
| The 30 days have to be in a row. | No. Days add up across repair visits. |
| Any time in the shop counts. | Only repair time for a warranty-covered defect counts, and days with a comparable loaner do not. |
| Used cars never qualify. | They can, if still under the original manufacturer’s warranty, but relief is more limited. |
| I have six months after my warranty ends. | Not always. The clock runs from the earliest of warranty expiration, 24 months or 24,000 miles. |
| I need a lawyer to file. | No. You can file with TxDMV on your own. |
Tips to Protect Your Lemon Law Claim
- Ask the dealer to write down every complaint on the repair order, even when the shop says it could not duplicate the problem.
- Keep copies of every repair order and keep a running count of days out of service.
- Send written notice to the manufacturer by certified mail and keep the receipt.
- Do not modify the vehicle while a claim is pending.
- Put your filing deadline on your calendar the day you notice a repeat problem.
Bottom Line: Is Your Car a Lemon in Texas?
If your new vehicle has a serious defect covered by warranty, the same problem keeps returning, or it has spent 30 or more days in the shop, the TX lemon law may give you a path to a refund or a replacement. Gather your repair orders, send written notice to the manufacturer and file with TxDMV before the six-month window closes. If the case is disputed, a Texas lemon law attorney can review it before you decide how to proceed.
Frequently Asked Questions About the Lemon Law in Texas
What is the lemon law in Texas?
It is a state law, found in Chapter 2301 of the Texas Occupations Code, that helps owners and lessees of new vehicles get a repurchase, replacement or repair when a warranty-covered defect cannot be fixed after reasonable attempts.
How many repairs does it take to qualify under the TX lemon law?
Four repair attempts for the same defect, or two attempts for a serious safety hazard, within the first 24 months or 24,000 miles. You can also qualify with 30 or more days out of service.
How long do I have to file a Texas lemon law claim?
Six months after the earliest of the warranty expiration, 24 months after delivery or 24,000 miles from delivery.
How much does it cost to file a lemon law complaint in Texas?
The filing fee is $35.
Does the Texas lemon law cover leased vehicles?
Yes. New vehicles leased from a Texas lease company can qualify, with their own repurchase calculation.
Does the Texas lemon law apply to used cars?
Only if the used car is still under the original manufacturer’s warranty, and relief is more likely to be a repair order than a buyback.
Does Texas have a 30-day lemon law?
Texas has a 30-day test, not a 30-day return policy. It counts days your vehicle was out of service for warranty repairs within the first 24 months or 24,000 miles.
Can I file a Texas lemon law claim without a lawyer?
Yes. TxDMV accepts complaints directly from consumers.
Last Updated on: October 20, 2026
Sources and where to verify
– TxDMV Lemon Law page: txdmv.gov/motorists/consumer-protection/lemon-law
– Texas Occupations Code, Chapter 2301: statutes.capitol.texas.gov