Texas lemon law: how to file (2026)

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 September 30, 2026.

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.

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:

1. Expiration of your express warranty term;
2. 24 months after purchase; or
3. 24,000 miles after delivery (except towable RVs).

This is the single most important date in your case. Calculate your estimated deadline →

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

1. Eligibility check — TxDMV Lemon Law staff review your complaint and enter your history.
2. Informal resolution — a TxDMV case advisor (with automotive technical expertise) tries to resolve it between you and the manufacturer.
3. 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.
4. 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.

Sources: TxDMV Lemon Law page · TxDMV Office of Administrative Hearings · Texas Occupations Code § 2301.605