News is that BMW had recently bought a defective Mini Cooper back from a consumer in California. Statistics show that the chances of car manufacturers buying their defective vehicles back are much higher in California than they are in Texas. The lemon laws may be named alike but they differ in essence from state to state.
California lemon law has an automatic attorney fee shifting provision that forces the car manufacturer to pay the consumer's attorney fees
In Texas, the attorney fee shifting is not automatic
In Texas, during the lemon law administrative hearing, a car manufacturer is required to pay the consumer's lemon law only if he obtains his own attorney
In Texas, during the lemon law administrative hearing, a car manufacturer is required to pay the consumer's lemon law only if he provides the consumer with proper notice
In Texas, the car manufacturer may not hire an attorney at all
In Texas, he would hire car experts trained by attorneys to attend hearings on a regular basis
These considerations make California Lemon Law, the Song-Beverly Act much more consumer friendly than the Texas Lemon Law.
Texas Lemon Law for replacement or repurchase of a Defective car
Texas Lemon Law has a defined approach to allow vehicles to become eligible for a lemon law buyback or replacement.
The Texas Occupations Code states a vehicle meets the rebuttable presumption if
The same nonconformity remains after four or more repairs
The same nonconformity creates a serious safety hazard and continues even after two or more repairs
The nonconformity substantially impairs the vehicle's use or market value
The vehicle is out of service for repairs for a total of 30 or more days
The rebuttable presumption: The rebuttable presumption is a statement that the court recognizes as the truth, unless it is otherwise established by the manufacturer or the car dealer.
The Same nonconformity does not have to be with the same one part in the vehicle. It can be the transmission system, brake system, engine, electrical or electronic system or the body. It is very important that the consumer has to impress upon the administrative judge and the Texas Department of Transportation (DOT) case handler of the nonconformity.
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