Texas Lemon Law Blog

In December of 2008, I posted a blog article about my experience with helping my friend, at the last minute, attend a Texas Department of Transportation Lemon Law hearing.

It was then discovered that my friend relied on the incorrect information provided by TexasDOT’s representative (he called (800) 622-8682) and did not send the car manufacturer a notice letter by certified mail. The case was dismissed due to this reason alone.

My friend then asked me about what could be done at that point. Once a case has been referred by the administrative judge to be dismissed, the claimant has the option of appealing the decision, provided that he or she does so in writing and within the specified period of time. Alternatively, the consumer may elect to forgo the appeal process and hire a lemon law attorney to file a lawsuit under the Texas Deceptive Trade Practices and Federal Magnusson Moss Act.

This is a continuation on last week’s post, on how to avoid your chances of purchasing a lemon pre-owned/used car. The same disclaimer applies; this is not legal advice, but are mere suggestions. Although I handle Texas lemon law cases, I do not handle pre-owned or used car cases.

Tip #4: Get a mechanic’s inspection. Purchasing a vehicle is arguably the second most costliest item that most consumers buy in their lifetime. As a consumer, you do not purchase vegetables at your local grocery with blindfolds on,…the same logic applies in purchasing lemon cars. Without a mechanic’s expert opinion, it is difficult to determine the condition of the vehicle underneath the hood. My lemon law office gets at least one call a day of unsuspecting car owners who subsequently learn that their 2007 Dodge Caravan has a 2005 engine or component on it.

Tip #5: Bring a friend during your visit to the dealership. During my pre-lasik surgery days, my friends always advise that four eyes are usually better than two. Buying a vehicle can be stressful and it is a good idea to have your friend look for potential red flags and defect cover-ups while you talk to the used car salesman.

Four months ago, a friend of mine called my office four days before his scheduled administrative hearing with the Texas Department of Transportation regarding his lemon vehicle. I asked him to forward the documents to my office before I agreed to attend the hearing with him.

Upon receiving the documents, I noticed that my friend’s file did not include a copy of the notice letter to the car manufacturer. I asked my friend about this and he told me that when he called the 1 800 lemon law number to the Texas Department of Transportation, he spoke with a representative from the department and the person on the phone told him that he did not need to mail the manufacturer any.

I ended up attending the hearing with my friend anyways. At the hearing, the administrative judge focused on the fact my friend failed to provide written notice to the manufacturer. Further, the administrative judge stated that because of the failure to provide the manufacturer with a 30 day notice, that my friend also did not provide the manufacturer with a final opportunity to cure.