Lemon Law in Odessa, TX
According to WFAA, the average price of a new car can run Odessa residents more than $47,000. When you make such an investment the last thing you want to do is discover that your new car is defective in some manner. However, you don’t have to live with a lemon if you find your car is defective. You should report the defect to the dealer or manufacturer. Then, you may want to engage the services of an experienced lemon lawyer in Odessa.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any Odessa, 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 Odessa, 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.
The Texas DMV states that there are several categories of motor vehicles covered by the lemon laws in Odessa; not just automobiles. Trucks, motorcycles, neighborhood electric vehicles, and motorhomes are protected, as well as cars. Still, there are exclusions for certain vehicles. These include farm equipment, boats, repossessed vehicles, and non-travel trailers.
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 Odessa 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.
Texas Lemon Laws state that there are limited protections for used cars in Odessa. However, the car must still be under the original warranty in order to receive protection. If not, an Odessa resident will have to seek restitution under the Magnuson-Moss Warranty Act.
When Should You Hire a Qualified Odessa, 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 Odessa 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 Odessa law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Most lemon law disputes are resolved through arbitration. However, If you have exhausted all other avenues, your Odessa lemon lawyer may have no other choice but to file your case in court to protect your rights as a consumer. Most likely your lawyer will file in the Ector County Court.
Work With an Experienced Local Lawyer In Odessa, Texas.
Do you need immediate help? Then one of our experienced lawyers in Odessa 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!