Texas lemon law: how to file with TxDMV (2026)
Texas's lemon law is Texas Occupations Code Chapter 2301, Subchapter M. It covers new vehicles bought or leased from a licensed Texas dealer. The tests are the same defect persisting after 4 or more repair attempts, 2 or more attempts for a serious safety hazard, or 30 or more cumulative days out of service. Complaints are filed with TxDMV.
The complete, plain-English walkthrough — built from the Texas Department of Motor Vehicles' own publications and the statute text, not law-firm marketing. Last reviewed: October 2026.
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⚡ Start here — three free tools
Texas lemon law quiz (3 minutes): compare your facts to the three tests below.
Deadline calculator: your estimated days-left count.
Buyback calculator: the usage-offset math for Texas.
What to have beside you before you start
Gather these before you open the quiz, the calculator, or the packet builder — every date and number the tools ask for comes from one of them:
- Your purchase or lease agreement — the purchase date, price, and dealer name.
- The delivery paperwork — the delivery date and the odometer reading at delivery; both clocks in this guide start there.
- The warranty booklet — the express warranty's expiration date, and the manufacturer's notice address printed in it.
- Every repair order, in date order — dates in and out, the dealer, the RO number, the odometer at drop-off, what you reported, and what was done. If you have been keeping the repair log, it is already in this shape.
- Any written notice you already sent the manufacturer, with the mailing receipt or delivery confirmation if you kept it.
- Photos or videos of the defect, if any — you won't upload them here; the packet's checklist tells you where they belong.
Missing one? The tools still work with what you have — but a date entered from memory is the most common reason an estimate is wrong. The repair order beats recollection every time.
What vehicles are covered
Texas lemon law (Texas Occupations Code Chapter 2301, Subchapter M) covers new vehicles bought or leased from a licensed Texas dealer: cars, trucks, vans, motorcycles, ATVs, motor homes, towable recreational vehicles, and neighborhood electric vehicles. Untitled demonstrators count as new.
Not covered: repossessed vehicles, non-travel trailers, boats, farm equipment, and minor defects that don't substantially impair use or market value (rattles, radio static). Used vehicles may still have rights under warranty-performance law if the original factory warranty is still in effect. Read how the used car lemon law differs for previously titled vehicles.
All of these must be true: a substantial manufacturing defect, covered by the manufacturer's written warranty, reported to the dealer or manufacturer within the warranty term, a reasonable number of repair attempts, written notice to the manufacturer, and the defect persists.
The three presumption tests
A "reasonable number of attempts" is presumed if repair attempts were made before the earlier of warranty expiration or 24 months / 24,000 miles after delivery, and any one of these holds:
1. Four-times test
The same defect persists after 4 or more repair attempts. Different defects don't combine — it must be the same nonconformity.
2. Two-times test (serious safety hazard)
The same defect persists after 2 or more attempts, where the defect is a serious safety hazard: a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle, or a substantial risk of fire or explosion.
3. 30-day test
The vehicle was out of service for repair a cumulative 30+ days and the defect still exists. Days need not be consecutive — but days with a comparable loaner vehicle do not count.
The 6-month deadline
A Lemon Law complaint must be filed within 6 months of the earliest of:
- Expiration of your express warranty term;
- 24 months after purchase; or
- 24,000 miles after delivery (except towable RVs).
This is the single most important date in your case. Texas lemon law deadline calculator → Read more on the Texas lemon law statute of limitations.
Deadlines: compute the Texas filing date
Keep the filing clock separate from the repair tests. TxDMV describes a complaint deadline six months after the earliest of express-warranty expiration, 24 months after purchase, or reaching 24,000 miles after delivery. The mileage milestone does not apply to towable RVs. The first milestone controls; the latest warranty date does not automatically give you the latest filing date.
Compute it from your records
- Find the purchase date and delivery date in your documents. Write them down separately. The agency’s filing guidance says purchase for the 24-month milestone; our calculator uses delivery as its date input. If those dates differ, confirm the correct filing date with TxDMV rather than relying on the calculator’s estimate.
- Add 24 calendar months to the relevant purchase date and record the express-warranty expiration from the warranty documents. Identify when you reached the mileage milestone from odometer and repair records. If that mileage date is only projected, label it as an estimate.
- Compare the three milestone dates and choose the earliest applicable one. Add six calendar months to that date. Keep the calculation with the records supporting each input, and confirm the filing instructions with TxDMV.
- Check notice and repair-opportunity steps separately. A manufacturer letter and a completed packet are not the complaint filing. Do not wait for a manufacturer response on the assumption that correspondence preserves your time.
If the date appears missed
If the estimated date has passed, treat that as a reason to contact a licensed Texas attorney promptly before buying paperwork. A late complaint can put the requested remedy at risk; the calculator cannot decide whether an exception or another legal route applies. Passing a repair-count test does not resolve a filing-timing problem. Ask TxDMV about its process and an attorney about your legal options.
Keep a copy of the inputs and calculation, and revisit them if you obtain better records. An estimate is useful for organizing questions; the state agency or a licensed attorney must confirm uncertain timing. Do not treat missing information as extra time.
Primary sources: TxDMV lemon law guidance
Manufacturer notice — do this first
Before you're eligible for repurchase or replacement, Texas requires you to give the manufacturer written notice of the defect (preferably by certified mail, return receipt requested) and at least one opportunity to cure it. The LemonLawPath $29 packet includes a draft demand letter.
How to file: eLICENSING, forms, $35 fee
File with the TxDMV Enforcement Division, Lemon Law Section:
- Online: through TxDMV's eLICENSING system (txdmv.gov → Motorists → Consumer Protection → Lemon Law).
- By form: request the Lemon Law Complaint Form via the TxDMV website or 1-888-368-4689.
- Fee: a request for repurchase or replacement must be accompanied by the $35 filing fee — verify the current amount on the TxDMV site before filing.
What happens after you file
- Eligibility check — TxDMV Lemon Law staff review your complaint and enter your history.
- Informal resolution — a TxDMV case advisor (with automotive technical expertise) tries to resolve it between you and the manufacturer.
- OAH hearing — if informal resolution fails, your case goes to the Office of Administrative Hearings: a prehearing phone conference, then a hearing before a neutral hearings examiner. It's like an informal trial — exhibits, witnesses, cross-examination, closing statements.
- Decision and Final Order — the hearings examiner issues the decision. You may represent yourself; attorneys are allowed but not required.
Remedies: repurchase, replacement, repair
- Repurchase (refund): the manufacturer buys back the vehicle for the purchase price — including taxes, title, and license fee — minus a mileage-based usage offset. (New vehicles only.)
- Replacement: a comparable vehicle acceptable to you, minus mileage used; you pay for upgrades. (New vehicles only.)
- Repair: the manufacturer must fix the defects; out-of-pocket costs for repairs that should have been warranty-covered may be reimbursed.
When to talk to a lawyer instead
LemonLawPath is for straightforward, DIY-able cases. Talk to a licensed lemon law attorney if any of these apply:
- Your defect is a serious safety hazard;
- The manufacturer denied your claim or disputes the defect;
- Your filing deadline has passed or is under 30 days away;
- Your vehicle is used (different legal track);
- Anything about your case feels ambiguous.
Before you hire anyone, ask how they charge — fee arrangements vary.
Common questions
How many repair attempts does the Texas lemon law require?
Under Texas Occupations Code § 2301.605, a reasonable number of repair attempts is presumed if the same defect persists after 4 or more attempts, after 2 or more attempts for a serious safety hazard, or if the vehicle was out of service for repair a cumulative 30 or more days (days with a comparable loaner don't count). The attempts must be made before the earlier of warranty expiration or 24 months / 24,000 miles after delivery.
What is the deadline to file a Texas lemon law complaint?
TxDMV says a complaint must be filed within 6 months after the earliest of: the express warranty expiring, 24 months after purchase, or 24,000 miles after delivery (the mileage part doesn't apply to towable RVs).
How much does it cost to file a Texas lemon law complaint?
TxDMV lists a $35 filing fee for repurchase or replacement requests. Confirm the current amount on txdmv.gov before filing. The fee is paid to the state.
Do I have to notify the manufacturer before filing in Texas?
Yes. Before repurchase or replacement relief, Texas requires written notice of the defect to the manufacturer (preferably by certified mail) and at least one opportunity to cure it.
Do I need a lawyer for a Texas lemon law hearing?
No. You may represent yourself; attorneys are allowed but not required. A serious safety hazard, a denied claim, or a tight deadline are good reasons to talk to a licensed attorney first.
Ready? Build your packet.
Draft complaint narrative, repair-history organizer, evidence checklist, demand letter, and filing instructions — $29 one-time. The TxDMV filing fee is separate and paid to the state.
Preview the Texas DIY packet → Compare your Texas repair history
See a finished example first: sample Texas packet (PDF) · sample Texas packet (Word) — all five documents with fictional data, produced by the same builder.
Sources: TxDMV Lemon Law page · TxDMV Office of Administrative Hearings · Texas Occupations Code § 2301.605