Lemon Law in El Paso, TX
Are you paying too much for a car that doesn’t work in El Paso?
LendingTree estimates that a medium-size sedan costs the average American about $781 per month. This estimate factors the monthly payments, registration fees, and maintenance costs.
You deserve relief from this financial burden when a dealership fails to do the right thing. Evaluate your odds today for litigation and other legal actions by reading this guide.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any El Paso, Texas lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do El Paso, Texas Lemon Laws Apply?
There are some common practices that you can take that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot become held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Texas to ensure you remain within the legal confines.
Texas Statutes offer substantial protections to El Paso residents that buy a new car or truck. Only boats, farm equipment, non-travel trailers, and repossessed automobiles do not qualify. The specific conditions that must apply for you to have a legal foothold are:
- A major defect exists that has coverage under the warranty
- You notified the dealer or manufacturer about the problem
- There were four attempts to resolve the issue(s)
- You sent a written notification for a final repair attempt
- A safety hazard exists, or the defects impair the value
How Do You Ensure the Application of Lemon Laws?
Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in El Paso that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.
What Are Consumers Entitled?
You have a legal entitlement to a replacement vehicle or refund if , Texas lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
The Texas DMV points out the gray area for used vehicles sold in El Paso that turn out to be lemons. In most cases, your legal case for financial redress involves the warranty. Accordingly, you will want to consult with an attorney about using state or federal law for a lawsuit.
When Should You Hire a Qualified El Paso, Texas Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in a , Texas lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced El Paso lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Texas legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable El Paso law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Work With an Experienced Local Lawyer In El Paso, Texas.
Do you need immediate help? Then one of our experienced lawyers in El Paso can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Texas state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!