Do I Have a Valid Claim?
Chances are, if you are searching for an attorney for help with your vehicle, you probably have a claim. The first step in the analysis is to determine which legal theory to pursue – either the Texas Lemon Law or a Breach of Warranty pursuant to the Texas DTPA and Federal Magnuson-Moss Warranty Act.
The Texas Lemon Law is a consumer protection statute designed to help Texas consumers get rid of their defective vehicles. If you have purchased a new vehicle, and you have taken it back to the dealership for repairs four or more times (twice within the first year / 12,000 miles, and two more times within the next year /12,000 miles) and the problem continues to exist, or you have taken your vehicle in twice within the first two years / 24,000 miles for a serious safety defect, or your vehicle was in the shop for 30 days or more, you may have a lemon. If so, you may be entitled to a full refund or a new vehicle.
However, if you do not meet the lemon law requirements, do not fear - you may have a breach of warranty claim under the Texas Deceptive Trade Practices Act and the Federal Magunson-Moss Warranty Act, which may entitle you to cash damages for diminished value.