[DRAFT] ORIGINAL PETITION

(Texas Automobile “Lemon Law” Complaint)

[// GUIDANCE: Conform formatting to local court rules in the specific Texas county of filing. This template assumes filing in a Texas district court. Adjust caption margins, font size, pleading paper, and signature blocks as required by the clerk.]

TABLE OF CONTENTS

1. Document Header & Caption
2. Definitions
3. Parties
4. Jurisdiction & Venue
5. Factual Allegations
6. Causes of Action
   6.1 Texas Lemon Law (Tex. Occ. Code §§ 2301.601–2301.613)
   6.2 Alternative/Additional Claims (Optional)
7. Conditions Precedent & Administrative Exhaustion
8. Damages & Requested Relief
9. Jury Demand
10. Prayer
11. Verification & Execution

1. DOCUMENT HEADER & CAPTION

text
CAUSE NO. _______

IN THE _ JUDICIAL DISTRICT COURT §
OF _______ COUNTY, TEXAS §
§
[PLAINTIFF FULL LEGAL NAME], §
Plaintiff, §
§
v. § ORIGINAL PETITION
§ AND REQUEST FOR
[DEFENDANT MANUFACTURER LEGAL NAME], § VEHICLE REPLACEMENT
Defendant. §
Effective Date of Filing: [FILING DATE]

Recitals: Plaintiff seeks statutory remedies under the Texas “Lemon Law,” Tex. Occ. Code Subchapter M, for chronic nonconformities in Plaintiff’s vehicle. Plaintiff has satisfied all mandatory pre-suit dispute-resolution procedures and now petitions this Court for replacement or repurchase of the subject vehicle and related damages.

2. DEFINITIONS

For clarity and consistent usage, the following capitalized terms have the meanings assigned below.

1. “Act” means Subchapter M of the Texas Occupations Code, Motor Vehicle Warranty Performance Obligations, Tex. Occ. Code §§ 2301.601–2301.613.
2. “Arbitration” means the Texas Department of Motor Vehicles (“TxDMV”) or manufacturer-sponsored informal dispute-resolution process required by § 2301.606 of the Act.
3. “Manufacturer” means [DEFENDANT MANUFACTURER LEGAL NAME], including its parents, subsidiaries, affiliates, successors, and assigns.
4. “Nonconformity” means a defect or condition that substantially impairs the use, value, or safety of the Vehicle and is covered by the applicable express warranty.
5. “Plaintiff” means [PLAINTIFF FULL LEGAL NAME], the registered owner/lessee of the Vehicle.
6. “Vehicle” means the [YEAR, MAKE, MODEL, VIN] purchased/leased by Plaintiff on [DATE OF PURCHASE/LEASE].

[// GUIDANCE: Add or delete defined terms as appropriate to the facts.]

3. PARTIES

3.1 Plaintiff: [PLAINTIFF FULL LEGAL NAME], an individual residing at [ADDRESS], [CITY], Texas [ZIP].

3.2 Defendant: [DEFENDANT MANUFACTURER LEGAL NAME], a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS], may be served through its registered agent for service of process: [NAME AND ADDRESS].

4. JURISDICTION & VENUE

4.1 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Tex. Gov’t Code § 24.007 and the monetary relief sought herein.

4.2 Venue. Venue is proper in _______ County under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claims occurred in this county and/or the Vehicle is principally garaged here.

5. FACTUAL ALLEGATIONS

5.1 Purchase & Warranty. On [DATE], Plaintiff purchased/leased the Vehicle from [DEALERSHIP NAME] for a total price of $[AMOUNT]. The Vehicle was accompanied by the Manufacturer’s written limited warranty.

5.2 Manifestation of Nonconformities. Beginning on or about [DATE], the Vehicle exhibited the following Nonconformities:
a. [DESCRIBE DEFECT 1]
b. [DESCRIBE DEFECT 2]
c. [ADD AS NEEDED]

5.3 Reasonable Number of Repair Attempts. Plaintiff presented the Vehicle to authorized repair facilities on at least [NUMBER] separate occasions within the warranty period, summarized as follows:

5.4 Continued Nonconformity. Despite these repair attempts, the Vehicle continues to exhibit Nonconformities that substantially impair its use, value, and safety.

5.5 Notice & Opportunity to Cure. Plaintiff provided written notice to Manufacturer of the defects on [DATE] pursuant to Tex. Occ. Code § 2301.606(a).

6. CAUSES OF ACTION

6.1 Count I – Violation of Texas Lemon Law

( Tex. Occ. Code §§ 2301.601–2301.613 )

6.1.1 Plaintiff is a consumer entitled to protection under the Act.
6.1.2 The Vehicle is a “motor vehicle” covered by the Act.
6.1.3 Manufacturer received a reasonable number of attempts to repair the Nonconformities but failed to conform the Vehicle to the warranty.
6.1.4 Pursuant to § 2301.604 and § 2301.605 of the Act, Plaintiff is entitled to relief in the form of:
a. Replacement of the Vehicle with a comparable model, or
b. Repurchase of the Vehicle for the full consideration paid, less a reasonable mileage offset.
6.1.5 Plaintiff also seeks incidental and consequential damages as permitted by the Act, reasonable attorneys’ fees, expert fees, court costs, and pre- and post-judgment interest.

[// GUIDANCE: Texas law does not expressly provide attorneys’ fees under Lemon Law alone. Consider alternative claims such as Magnuson-Moss or DTPA to secure fee-shifting.]

6.2 Optional Add-On Claims

[// GUIDANCE: Include as needed—delete if not asserted.]

a. Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312 (federal fee-shifting)
b. Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code §§ 17.41–17.63

7. CONDITIONS PRECEDENT & ADMINISTRATIVE EXHAUSTION

7.1 Plaintiff timely filed a Lemon Law complaint with the TxDMV on [DATE] and participated in the required arbitration/hearing, resulting in [DECISION / PENDING DECISION / UNSATISFACTORY RESOLUTION].

7.2 All other conditions precedent to this action have been performed, waived, or have occurred.

8. DAMAGES & REQUESTED RELIEF

8.1 Vehicle Replacement/Repurchase. Plaintiff seeks an order compelling Manufacturer to replace the Vehicle with a comparable new vehicle or repurchase the Vehicle for the full purchase price, capped at the Vehicle’s reasonable value as required under the Act.

8.2 Incidental & Consequential Damages. Including but not limited to towing, rental, diagnosis, and diminished value.

8.3 Attorneys’ Fees & Costs. As authorized under 15 U.S.C. § 2310(d)(2) and/or Tex. Bus. & Com. Code § 17.50(d).

8.4 Pre- and Post-Judgment Interest at the highest rate allowed by law.

8.5 Any further relief—legal or equitable—this Court deems just and proper.

9. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable under the Texas Constitution and Tex. R. Civ. P. 216. The requisite jury fee has been or will be paid.

10. PRAYER

WHEREFORE, Plaintiff respectfully requests that Defendant be cited to appear and answer, and that upon final trial, the Court enter judgment granting:

1. Replacement or repurchase of the Vehicle pursuant to Tex. Occ. Code § 2301.604;
2. Incidental and consequential damages;
3. Reasonable attorneys’ fees, costs, and expenses;
4. Pre- and post-judgment interest; and
5. Such other and further relief to which Plaintiff may be justly entitled.

11. VERIFICATION & EXECUTION

text
Respectfully submitted,

[LAW FIRM NAME]
[Address]
[City, State ZIP]
Phone: [###]
Fax: [###]

By: _____
[ATTORNEY NAME]
State Bar No. ____
Counsel for Plaintiff
[// GUIDANCE: If local rules require verification, add a sworn verification or unsworn declaration per Tex. Civ. Prac. & Rem. Code § 132.001.]

NOTARY / DECLARATION (If Required)

text
STATE OF TEXAS §
§
COUNTY OF __ §

BEFORE ME, the undersigned authority, on this day personally appeared [PLAINTIFF NAME], known to me or proved to me through [IDENTIFICATION], who, being duly sworn, stated that the foregoing facts are within his/her personal knowledge and are true and correct.

SUBSCRIBED AND SWORN before me on this ___ day of ____, 20__.

Notary Public, State of Texas
[// GUIDANCE: Replace with an unsworn declaration under penalty of perjury if preferred.]

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