State lemon law · checked October 23, 2026
Verified against the statute / official state publicationTex. Occ. Code §§2301.601–.613 (Lemon Law subchapter); 16 Tex. Admin. Code §107.8
| Presumption window | Texas runs on staggered clocks: the first repairs must land in the first 12 months / 12,000 miles, and the pattern completes inside 24 months / 24,000 miles. |
|---|---|
| Same defect | 4+ repair attempts |
| Safety defect | 2+ attempt(s) — Serious safety defect: one attempt in the first 12 months / 12,000 miles, and a second attempt within the 12 months / 12,000 miles after the first repair. |
| Days out of service | 30+ calendar days — 30 or more total days out of service inside the first 24 months / 24,000 miles, with at least 2 repair efforts in the first 12 months / 12,000 miles. |
The presumption is the set of numbers that shifts the burden to the manufacturer. A claim can exist outside the presumption — it is a shortcut, not the whole road. Read why.
Hearing-rule formula (16 TAC §107.8(4)): price × (miles to the first report of the defect + 50% of the miles driven after that report) ÷ 120,000. Texas does NOT use California's simple formula.
Written notice to the manufacturer is required, and the manufacturer must get a reasonable opportunity to cure, before you file (§2301.606(c)). You must also file your complaint with the Texas Department of Motor Vehicles before suing — TxDMV exhaustion is mandatory (§2301.607).
Dispute route: Complaints go to the Texas Department of Motor Vehicles (TxDMV) Lemon Law section first. Filing the TxDMV complaint is a legal prerequisite to a lawsuit.
Attorney's fees: The Texas lemon subchapter has no attorney-fee provision. Fees are sometimes pursued under the Texas Deceptive Trade Practices Act instead — a lawyer question, not a checker answer.
Your complaint must be filed not later than 6 months after the earliest of: the warranty expires, 24 months after delivery, or the vehicle reaches 24,000 miles (§2301.606(d)). If your car crossed 24,000 miles early, that date — not the 24-month date — can start the 6-month clock.
| New vehicles | Covered |
|---|---|
| Leased vehicles | Covered |
| Used vehicles | Not covered |
| Motorcycles | Covered |
| RV / motor home | Covered — whole vehicle |
Your repair-log tracker, the Texas notice letter, the buyback worksheet on Texas's formula, and your deadline calendar.
Checked October 23, 2026. Laws change; if your claim is close to a line, verify the current statute or ask a lawyer in Texas. This page is information, not legal advice.