El Paso families depend on their vehicles for long commutes on I-10, trips across the bridge and drives to Fort Bliss, so a truck that stalls, a transmission that shudders or an electrical system that keeps failing is more than an inconvenience. When a dealer's service department has tried repeatedly to fix a defect covered by the manufacturer's warranty and cannot, you may have a lemon. The Texas Lemon Law is designed for exactly this situation, and it applies to new cars, trucks, SUVs, motorcycles, RVs and even some demonstrator vehicles bought or leased from a licensed Texas dealer. Used vehicles still within the original factory warranty may qualify for repair relief as well.
The Texas Lemon Law lives in Texas Occupations Code Chapter 2301, Subchapter M (§ 2301.601 and following), and is administered by the Texas Department of Motor Vehicles, not the courts. A vehicle is presumed a lemon under § 2301.605 if the same defect was subject to repair four times, a serious safety hazard was subject to repair twice, or the vehicle was out of service for 30 or more days, all within defined mileage and time windows during the first 24 months or 24,000 miles. You must give the manufacturer written notice and a final repair opportunity under § 2301.606, and the TxDMV complaint must be filed within six months after the earliest of the warranty's expiration, 24 months or 24,000 miles. Separately, the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, covers any warranted consumer product and lets a prevailing consumer recover attorney fees, and the Texas Deceptive Trade Practices Act adds remedies for dealers who misrepresent a vehicle's condition.
Navar Law takes the paperwork off your plate. We review every repair order to confirm you meet a presumption test, send the manufacturer the statutory notice by certified mail, file the TxDMV Lemon Law complaint with the correct exhibits, and negotiate with the manufacturer's regional representative for a repurchase, replacement or cash-and-keep settlement. There is no courtroom in this process. If the manufacturer does not settle, TxDMV assigns the case to a hearings examiner for an informal administrative hearing, often by telephone or video, and the attorney presents your case. Robert Navar has represented buyers against dealerships across El Paso County and knows which arguments move a manufacturer to write the check. Where the lemon law deadline has passed, a Magnuson-Moss demand letter or a deceptive trade practices claim can still get results.
Do you meet a Texas Lemon Law presumption test?
Four-times test: the same defect was repaired twice in the first 12 months or 12,000 miles, then twice more in the 12 months or 12,000 miles after the second attempt, and it still exists. Serious safety hazard test: a defect that risks fire, explosion or loss of steering or braking control was repaired once in the first 12 months or 12,000 miles and once more in the following 12 months or 12,000 miles, and persists. Thirty-day test: the vehicle has been out of service for repair for 30 or more days total during the first 24 months or 24,000 miles, and a substantial defect remains. Every one of these depends on the dealer's repair orders, so keep every one and insist the dealer document each complaint even when it says it could not duplicate the problem.
What you can recover, and what the TxDMV process looks like
A successful lemon law claim ends in one of three ways: the manufacturer repurchases the vehicle and refunds the purchase price, taxes and fees, minus a reasonable allowance for your use; the manufacturer replaces it with a comparable new vehicle; or the parties agree to a cash payment while you keep the car, common when the defect is annoying but not dangerous. TxDMV charges a modest filing fee, which the manufacturer must reimburse if you prevail. After filing, TxDMV notifies the manufacturer, schedules mediation or a hearing, and issues a written decision. Many El Paso cases settle after the notice letter or during mediation, before any hearing is held.
If the dealer sold you a used car with a rolled-back odometer, a hidden salvage title or an as-is disclaimer that contradicts what the salesperson said, that is a separate deceptive trade practices claim, and our demand letter and bonded title services may apply.
What's included
- Review of your purchase contract, warranty booklet and every repair order to confirm a presumption test is met
- Statutory written notice to the manufacturer under Occupations Code § 2301.606, sent certified mail
- Preparation and filing of the TxDMV Lemon Law complaint with organized exhibits
- Calculation of your repurchase figure, including the mileage offset, so you know what a fair offer looks like
- Negotiation with the manufacturer's representative and review of any settlement agreement before you sign
- Representation at TxDMV mediation or hearing, usually by phone or video, if the manufacturer will not settle
- Magnuson-Moss or DTPA demand letter as an alternative when the lemon law window has closed
How it works
Repair history review
Bring your sales contract, warranty and all repair orders to our El Paso office or upload them. We map the repair attempts against the statutory tests and deadlines and tell you which claim fits.
Notice and complaint
We send the manufacturer its required written notice and final repair opportunity, then file the Lemon Law complaint with TxDMV before the deadline. Manufacturers often open settlement talks at this stage.
Settlement or TxDMV decision
We negotiate repurchase, replacement or cash. If no deal is reached, TxDMV holds an informal hearing, often remotely, and issues a written order. We review every document before you sign or surrender the vehicle.