Kara Sears
If you've purchased a new vehicle in Texas and it has repeating issues that the dealer is unable to fix, you may be able to file a Lemon Law complaint. The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer’s original warranty. The law can help consumers get their vehicle repurchased, replaced, or repaired. However, it's important to note that there are specific requirements and timelines that must be met to qualify for protection under the Texas Lemon Law. To determine if you can claim the Lemon Law for a 2009 BMW in Texas, it's advisable to consult with a reputable Texas lemon law lawyer who has experience handling such claims.
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What You'll Learn
Texas Lemon Law requirements
The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles (TxDMV). It helps consumers who buy or lease new motor vehicles and experience repeated problems getting their vehicles properly repaired under the manufacturer's original warranty.
To qualify for protection under the Texas Lemon Law, a consumer must be a resident of Texas, purchase or lease their vehicle within the state, and buy or lease a new vehicle at retail. The law covers new vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs), and neighborhood electric vehicles. Demonstrator vehicles that have not been previously titled are also considered new vehicles.
To qualify for compensation, consumers must report any defects within a certain period, both during and after the warranty's protection period expires. This period is usually within six months of the warranty expiring, the vehicle being driven 24,000 miles, or 24 months passing since the original purchase date. Consumers must also provide manufacturers with a reasonable number of repair attempts before pursuing a claim. In Texas, this typically means four repair attempts for any single defect, with at least half of the attempts made within the first 12 months and 12,000 miles of ownership. If the defect poses a significant safety risk, two repair attempts are sufficient.
If consumers meet the above requirements, they can file a Lemon Law complaint with the TxDMV and pay the $35 filing fee. The complaint will be reviewed for completeness and eligibility for relief, and mediation will be attempted between the consumer and the manufacturer. If mediation fails, the matter will be referred for a hearing, where both parties will present their cases to a hearing examiner. After the hearing, the examiner has 60 days to issue a ruling, which can be challenged by either party if they are dissatisfied with the outcome.
It is important to note that the Texas Lemon Law does not cover all vehicles or defects. Repossessed vehicles, non-travel trailers, boats, and farm equipment are excluded. Additionally, defects that do not substantially impair the use or market value of the vehicle, such as minor rattles or radio static, are not covered.
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BMW Lemon Law Buyback Program
The BMW Lemon Law Buyback Program is a legal process that allows car owners to dispose of their defective BMW vehicles with minimal stress and get the compensation they deserve. This program is designed to protect consumers who have purchased new or used BMW vehicles with defects that affect the vehicles' use, value, or safety.
To qualify for the BMW Lemon Law Buyback Program, your vehicle must meet specific criteria:
- The vehicle must have a substantial defect: This defect could be a mechanical issue affecting the drivability of the car or a safety problem that endangers the occupants. Common issues include braking system failure, steering problems, electrical system and computer malfunctions, transmission issues, and engine problems.
- Time period or mileage limit: The defect must have occurred within a certain time frame or mileage limit, typically within the manufacturer's original warranty period. In California, this is within the first 18 months or 18,000 miles.
- Reasonable number of repair attempts: The vehicle must have undergone a reasonable number of repair attempts to fix the defect without success. This typically means four or more repair attempts or the vehicle has been out of service for repairs for a total of 30 or more days.
If your BMW meets these criteria and is determined to be a lemon, you have several compensation options:
- Vehicle Replacement: BMW may offer to replace your defective vehicle with a new one of equal value.
- Buyback: BMW may agree to buy back the vehicle, and you will receive a refund of your down payment, monthly payments, and any expenses related to the defect, minus a deduction for vehicle use.
- Cash Compensation: BMW might offer a cash settlement while you keep the vehicle.
It is important to note that each state has its own specific guidelines for lemon laws, and you should consult with an experienced lemon law attorney to understand your rights and navigate the legal process. These lawyers can help you gather the necessary documents, such as warranty papers, purchase receipts, repair orders, and financing documents, to support your claim.
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Filing a claim
If you believe that your 2009 BMW qualifies as a lemon under Texas law, you can file a Lemon Law complaint. The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles (TxDMV) that helps consumers who have bought or leased new motor vehicles and have had repeated problems getting their vehicles properly repaired under the manufacturer's original warranty.
To file a claim, you must submit a Lemon Law complaint with a $35 filing fee to the Texas Department of Motor Vehicles. You must also provide notice of the complaint to the manufacturer, giving them a final opportunity to repair the defect. For the fastest processing of your complaint, you can use the Motor Vehicle Dealer Online Complaint System.
Your complaint will be reviewed by the TxDMV administrative staff and a TxDMV staff case advisor to determine its completeness and eligibility for relief. The case advisor will then attempt to resolve the complaint through mediation between you and the manufacturer. If mediation fails to solve the problem, your case will be referred for a hearing before an assigned hearing examiner, where both you and the manufacturer will present your cases.
To prepare for the hearing, you should gather any relevant evidence, such as repair orders, letters, or other documents that can prove your vehicle is a lemon. You may also bring witnesses to support your claim. After the hearing, the hearing examiner will have 60 days to issue a ruling. If you are dissatisfied with the outcome, you can file a motion for a rehearing with the TxDMV, and if you are still unsatisfied, you can appeal the decision with a state, district, or appellate court.
It is important to note that there are time limits for filing a Lemon Law claim in Texas. You must file your claim within six months of either the warranty expiring, the vehicle reaching 24,000 miles, or 24 months passing since the original purchase date, whichever comes first. Additionally, to qualify for compensation, you must provide the manufacturer with a reasonable number of repair attempts, typically four attempts for any single defect, with at least half of the attempts made within the first 12 months and 12,000 miles of ownership.
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Manufacturer's warranty
The Texas Lemon Law helps consumers who have bought or leased new motor vehicles and are facing repeated problems getting their vehicles properly repaired under the manufacturer's original warranty. A lemon vehicle is any vehicle with repeating, unfixable defects that cause the vehicle to not conform to the terms of its manufacturer's warranty.
The manufacturer's warranty for a new BMW vehicle covers defects in materials or workmanship that originated at the factory for 4 years or 50,000 miles, whichever comes first. This warranty period starts on the vehicle's sale date. The BMW New Vehicle Limited Warranty also includes the following:
- Rust Perforation Warranty – 12 years / Unlimited miles
- Federal Emission Warranty – 2 years / 24,000 miles
- Basic New Vehicle Limited Warranty – 4 years / 50,000 miles
Additionally, BMW offers extended warranty plans that provide protection beyond the factory warranty. These plans can cover up to 7 years or 100,000 miles and include 24/7 roadside assistance. The extended warranties also ensure that all repairs are performed by BMW-certified technicians using BMW replacement parts.
It is important to note that the Texas Lemon Law has specific requirements and timelines for filing a claim. Consumers must report any defects within a certain period, both during and after the warranty's protection period. In Texas, consumers must provide manufacturers with a reasonable number of repair attempts, typically four attempts for any single defect, before pursuing a Lemon Law claim. If the defect poses a significant safety risk, two repair attempts are sufficient.
If you believe your 2009 BMW qualifies as a lemon under the Texas Lemon Law, it is recommended to consult with a reputable lemon law lawyer to discuss your specific circumstances and determine the best course of action.
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Legal representation
If you are considering filing a lemon law claim for your 2009 BMW in Texas, it is important to seek legal representation from an experienced attorney who can guide you through the process and improve your chances of a successful outcome. While the Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers with new vehicles that have repeated problems getting their vehicles properly repaired under the manufacturer's original warranty, there are specific criteria that must be met and procedures that must be followed.
Lemon law attorneys can help you navigate the complex legal process and ensure that you take the necessary steps to strengthen your claim. This includes gathering evidence, providing written notice of the defect to the manufacturer, and determining if your vehicle meets the criteria for a lemon. In Texas, this typically involves demonstrating that you have provided the manufacturer with a reasonable number of repair attempts, which translates to four repair attempts for any single defect, or two attempts if the defect poses a significant safety risk. Additionally, at least half of the repair attempts must take place within the first 12 months and 12,000 miles of ownership.
It is worth noting that vehicles may also qualify for compensation if they are out of service for repairs for a total of 30 days within 24 months and 24,000 miles of the original purchase date. The Texas Lemon Law requires that you file a complaint within six months following the earlier of the expiration of the warranty, the vehicle reaching 24,000 miles, or 24 months passing since the original purchase date. However, it is recommended to start reporting problems as soon as they are noticed and to file a complaint as early as possible.
If you decide to pursue a lemon law claim, there are several law firms and attorneys in Texas that specialize in this area and can provide legal representation. These include Krohn & Moss, Ltd. Consumer Law Center®, and the Law Offices of Sotera L. Anderson. It is important to choose an attorney who has experience handling lemon law claims and can provide you with the best opportunity to succeed in resolving your claim.
In addition to state lemon laws, Texans can also seek protection under the federal Magnuson-Moss Warranty Act, which provides broader protections and allows for claims to be filed up to four years after the warranty was breached. Lemon law attorneys can help you understand your rights and options under both state and federal laws.
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Frequently asked questions
A lemon vehicle is any vehicle with repeating, unfixable defects that cause the vehicle to not conform to the terms of its manufacturer's warranty.
The Texas Lemon Law covers new vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs), and neighbourhood electric vehicles. Demonstrator vehicles that have not been previously titled are also considered new vehicles.
To qualify for compensation under the Texas Lemon Law, a consumer must be a resident of Texas and purchase or lease their vehicle within the state. Additionally, the law only covers new vehicles at retail. The law requires consumers to provide manufacturers with a reasonable number of repair attempts before pursuing a claim. In Texas, that translates to four repair attempts for any single defect. However, if the defect poses a significant safety risk, two attempts will suffice.
From the original purchase date, consumers have a maximum of 30 months to file a claim under the Texas Lemon Law. The filing period is determined by the earliest of the following:
- Six months after the warranty expires
- The vehicle has been driven 24,000 miles
- 24 months have passed since the original purchase date
If you miss the deadline, you can file a claim under the Magnuson-Moss Warranty Act, which allows you to file a claim for up to four years after your warranty was breached.
