Consumer Protection · Lemon Law
Lemon Law in Texas
How many repair attempts and days out of service before Texas presumes your vehicle is a lemon — and whether used cars are covered.
presumption trigger (same defect)
Do I meet the Texas lemon presumption?
Enter your repairs and downtime. This checks the presumption — it is not a legal verdict.
This checklist is educational, not a legal verdict. Every state writes these numbers as a rebuttable presumption: hitting them shifts the burden to the manufacturer, and the manufacturer can still rebut it. Keep every repair order, send any required written notice, and consult a lawyer about your specific facts. This is legal information, not legal advice.
How the presumption works in Texas
The prongs that shift the burden to the manufacturer.
Texas splits the four-attempt test: 2 of the attempts must occur in the first 12 months or 12,000 miles, and 2 more in the next 12 months or 12,000 miles. Comparable-loaner days are excluded from the 30-day out-of-service count.
Every state — Texas included — writes these thresholds as a rebuttable presumption. Reaching them shifts the burden onto the manufacturer to prove your vehicle is not a lemon; it does not mean you automatically win. You may also qualify with fewer attempts if a "reasonable number" of repairs is shown some other way, and the manufacturer can rebut the presumption. This is legal information, not legal advice.
Used cars & leased vehicles
Which of the three coverage categories Texas falls in.
The full picture, with the source
Every figure, and where it comes from.
| Same-defect attempts | 4 |
| Serious-safety attempts | 2 |
| Days out of service | 30 calendar days |
| Coverage window | Earlier of warranty expiration or 24 months / 24,000 miles from delivery |
| Used cars | Used covered while under original warranty |
| Leased vehicles | Covered |
| Statute | Tex. Occ. Code §2301.605 |
What Texas car buyers get wrong
Texas administers its lemon law through the Texas DMV, and its four-attempt presumption has a wrinkle most summaries skip: the attempts are split across two windows. Under Occupations Code §2301.605, the state presumes a "reasonable number of attempts" after 4 repairs on the same defect — but 2 of those must fall in the first 12 months or 12,000 miles, and 2 more in the following 12 months or 12,000 miles. There is also a 2-attempt track for a defect that "creates a serious safety hazard," and a 30-day out-of-service track (days you had a comparable loaner do not count). All of these are presumption triggers — clearing them shifts the burden to the manufacturer, not an automatic win. Watch the clock on both ends: the presumption period is the earlier of warranty expiration or 24 months / 24,000 miles, and a DMV complaint generally must be filed within 6 months after the warranty ends.
Common questions
How many repair attempts make a car a lemon in Texas?
Texas presumes a lemon after 4 attempts on the same defect (2 in the first 12 months/12,000 miles and 2 in the next), or 2 attempts for a serious safety hazard, or 30 days out of service. These are presumption triggers that shift the burden to the manufacturer.
Does the Texas lemon law cover used cars?
Only while the vehicle is still under the original manufacturer warranty. Texas has no separate used-car lemon law, so once the factory warranty expires the lemon law no longer applies.
Is there a deadline to file a Texas lemon-law complaint?
Yes. A complaint generally must be filed with the Texas DMV within 6 months after the earlier of the warranty’s expiration or 24 months / 24,000 miles. Missing that window can bar the claim.
Do loaner-car days count toward the 30 days out of service in Texas?
No. Days you were given a comparable loaner vehicle are excluded from the 30-day out-of-service count.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.