Tex. Occ. Code Chapter 2301 - Texas DMV Demanda Process
Texas Ley Limón: When your new vehicle has repeated defects that the dealer cannot fix, the Texas Ley Limón (Tex. Occ. Code Chapter 2301) provides remedies including vehicle replacement or repurchase. Texas has a unique administrative demanda process through the Texas Department of Motor Vehicles (TxDMV).
This guide covers Texas Ley Limón eligibility requirements, the TxDMV demanda process, reparación attempt thresholds, and how to draft effective carta de demandas to manufacturers. Understanding the Texas process is essential because the TxDMV hearing is the primary remedy for most ley limón claims.
I handle Texas Ley Limón carta de demandas personally. While abogados cannot appear at TxDMV hearings, proper carta de demandas and documentation before filing can significantly strengthen su caso.
The Texas Ley Limón protects consumers who purchase or contrato de arrendamiento new vehicles that turn out to be defectuoso. Unlike many states that require tribunal litigio, Texas provides an administrative remedy through the Texas Department of Motor Vehicles.
The Texas Ley Limón applies to:
Under Tex. Occ. Code Sec. 2301.604, you have a presumption that your vehicle is a lemon if:
| Condition | Threshold |
|---|---|
| Same defecto repaired multiple times | 4 or more reparación attempts for the same problem, and defecto still exists |
| Serious safety hazard | 2 or more reparación attempts for a defecto likely to cause death or serious injury |
| Out of service | Vehicle out of service for 30 or more days total during first 24 months or 24,000 miles |
A covered defecto under the Texas Ley Limón must:
Texas has a unique administrative process for ley limón claims through the Texas Department of Motor Vehicles (TxDMV). This process is free and designed for consumers to participate without abogados.
Key facts about the TxDMV hearing:
Your Texas Ley Limón case depends on documentation. Keep meticulous records from the moment you experience problems with your vehicle.
Every reparación order from every visit to the dealer. These are your most important documents. Request copies if you don't have them.
Bill of sale, purchase contract, contrato de arrendamiento agreement, window sticker (Monroney label), financing documents.
Manufacturer's garantía booklet, extended garantía contracts, garantía start date and coverage terms.
Emails, letters, and call logs with the dealer and manufacturer. Document demandas and their responses.
Visual documentation of the defecto, warning lights, error messages, unusual sounds (video), leaks, or visible damage.
Your own written log of each time the problem occurred, when you reported it, and how long the vehicle was out of service.
Review each reparación order to ensure it documents:
To count days out of service:
If you prevail in your Texas Ley Limón case, the manufacturer must either replace your vehicle or buy it back. You choose which remedy you prefer.
If you choose replacement, the manufacturer must provide:
If you choose repurchase (buyback), the manufacturer must pay:
| Item | What You Receive |
|---|---|
| Purchase Price | Full purchase price (or capitalized cost for leases) |
| Minus: Use Allowance | Reasonable allowance for miles driven before first reparación attempt |
| Plus: Taxes and Fees | Title, license, registration, and applicable taxes |
| Plus: Incidental Costs | Towing, rental cars, reparación costs not covered by garantía |
| Less: Payoff to Lienholder | Manufacturer pays off your loan directly |
The "mileage deduction" is calculated using this formula:
Example: If your vehicle cost $40,000 and you drove 5,000 miles before the first reparación attempt:
$40,000 x 5,000 / 120,000 = $1,667 use allowance
Enviar this letter before filing your TxDMV demanda to give the manufacturer one last opportunity to resolve the issue voluntarily.
I prepare Texas Ley Limón carta de demandas and documentation to maximize your chances of success. While abogados cannot appear at TxDMV hearings, proper pre-demanda carta de demandas often lead to acuerdos without the need for a hearing.
I review your reparación history and documentation to determine if your vehicle qualifies under the Texas Ley Limón presumption standards.
I prepare comprehensive carta de demandas to manufacturers citing Texas law and documenting your reparación history to encourage voluntary resolution.
I help you organize reparación orders, calculate days out of service, and prepare your TxDMV demanda package.
If the manufacturer responds to your demand, I can help negotiate the terms of a repurchase or replacement offer.
I help Texas consumers with ley limón carta de demandas and TxDMV demanda preparation.
Email: owner@terms.lawThe Texas Ley Limón (Tex. Occ. Code Chapter 2301) covers new motor vehicles purchased or leased in Texas that develop defects within the garantía period. This includes cars, trucks, SUVs, vans, and motorcycles. Used vehicles, commercial vehicles over 10,000 lbs, and vehicles not sold through licensed dealers are generally not covered.
Under the Texas Ley Limón, you may have a reclamación if: (1) the same defecto was repaired 4 or more times and it still exists; (2) a defecto creating a serious safety hazard was repaired 2 or more times and still exists; or (3) the vehicle was out of service for 30 or more days total for garantía reparaciones during the first 24 months or 24,000 miles.
File a demanda with the Texas Department of Motor Vehicles (TxDMV) Ley Limón Section. puede presentar online at txdmv.gov or by mail. Include copies of reparación orders, purchase documents, and a description of the defecto. Filing is free. The TxDMV will schedule a hearing before a mediator if the manufacturer does not resolve the demanda voluntarily.
You must file your demanda with the TxDMV within 6 months after the earlier of: (1) the garantía expiration date, or (2) 24 months from the original delivery date. This deadline is strictly enforced. Missing it bars you from using the TxDMV demanda process, though you may still have tribunal remedies under other laws.
If you prevail, the manufacturer must either: (1) replace the vehicle with a comparable new vehicle, or (2) repurchase the vehicle for the full purchase price minus a reasonable allowance for use (based on miles driven before the first reparación attempt). The manufacturer must also reimburse incidental costs like towing, rental cars, and reparación costs not covered by garantía.
Sí, but abogados are not allowed at TxDMV Ley Limón hearings. The administrative process is designed for consumers to represent themselves. Sin embargo, you may consult an abogado before filing to evaluate su caso and prepare documentation. If you pursue tribunal remedies instead of or after the TxDMV process, you can be fully represented by counsel and may recover abogado fees under federal garantía law.
Genere una carta de demanda profesional, demanda ante tribunal de CA o demanda de arbitraje