Lemon Law Demand Letter - Texas

TEXAS LEMON LAW MANUFACTURER NOTICE AND REPAIR DEMAND

Send by certified mail or another method that provides reliable proof of delivery.

Date: [__/__/____]

To Manufacturer

[Manufacturer Legal Name]

Attn: Customer Relations / Lemon Law Department

[Manufacturer notice address from warranty booklet or current manufacturer instructions]

[City, State ZIP]

Copy to Authorized Dealer

[Dealer Name]

[Address]

[City, Texas ZIP]

Re: Written notice and opportunity to cure under Tex. Occ. Code Chapter 2301

Dear Sir or Madam:

I am writing about the warranty defects in the vehicle identified above. This letter gives the manufacturer written notice of the defects and a final opportunity to cure them before I file a Lemon Law or warranty-performance complaint with the Texas Department of Motor Vehicles (TxDMV). See Tex. Occ. Code §§ 2301.603-.606.

Please contact me promptly to arrange inspection and final repair. Consistent with TxDMV's official sample notice, I request that the manufacturer correct the defects within 30 days after receipt of this letter.

1. WARRANTY AND COVERAGE INFORMATION

Check the applicable coverage basis:

• ☐ The vehicle was bought or leased new and is covered by the manufacturer's written warranty.
• ☐ It is a demonstrator that had not previously been titled.
• ☐ It is a used vehicle still covered by the manufacturer's original warranty.
• ☐ It is a used vehicle whose continuing defect began and was reported while the manufacturer's original warranty applied.

TxDMV states that only new vehicles qualify for refund or replacement. A qualifying used vehicle may receive warranty-repair assistance.

2. DEFECTS REQUIRING REPAIR

Describe each defect, when it occurs, and how it impairs the vehicle's use or market value or creates a serious safety hazard:

1. Defect: [________________________________]
   Symptoms and frequency: [________________________________]
   Effect on use, market value, or safety: [________________________________]

2. Defect: [________________________________]
   Symptoms and frequency: [________________________________]
   Effect on use, market value, or safety: [________________________________]

3. Additional defect: [________________________________]

If a serious safety hazard is alleged, explain how the malfunction is life-threatening and substantially impedes normal control or operation, or creates a substantial risk of fire or explosion: [________________________________]. See Tex. Occ. Code § 2301.601.

3. REPAIR HISTORY

Total cumulative days out of service for covered repair: [____]

Days excluded because a comparable loaner vehicle was provided: [____]

Net out-of-service days claimed: [____]

4. REASONABLE REPAIR-ATTEMPT TESTS

Under Tex. Occ. Code § 2301.605 and TxDMV's current published guidance:

• ☐ The same defect was presented for repair four times within the first 24 months or 24,000 miles, whichever occurred first, and remains unrepaired.
• ☐ A serious safety hazard was presented for repair twice within the first 24 months or 24,000 miles, whichever occurred first, and remains unrepaired.
• ☐ During the first 24 months or 24,000 miles, the vehicle was out of service for covered repair for at least 30 cumulative days, excluding comparable-loaner days, and a substantial defect remains.
• ☐ Other facts show a reasonable number of repair attempts: [________________________________].

The mileage measures generally do not apply to towable recreational vehicles or vehicles without an odometer.

5. FINAL OPPORTUNITY TO CURE

Please provide, in writing:

1. The authorized facility where the vehicle should be delivered;
2. The appointment date and transportation instructions;
3. The manufacturer's proposed diagnostic and repair plan; and
4. The name, telephone number, and email address of the person managing this claim.

I will make the vehicle reasonably available for this final repair opportunity. Nothing in this letter states that any TxDMV filing deadline is extended.

6. REQUESTED RESOLUTION

If the manufacturer cannot conform the vehicle to its written warranty, I request that it propose a resolution consistent with Tex. Occ. Code §§ 2301.603-.604 and 43 Tex. Admin. Code § 224.260.

Requested resolution:

• ☐ Refund or repurchase, if the vehicle is new and qualifies, subject to the allowance for use and other lawful adjustments.
• ☐ Replacement, if the vehicle is new and qualifies, with a comparable vehicle acceptable to the consumer and subject to applicable adjustments.
• ☐ Repair of the covered defects and reimbursement of qualifying out-of-pocket warranty-repair expenses.
• ☐ Other proposed resolution: [________________________________].

TxDMV determines what relief the proved facts support; this request is not an assertion that the consumer has an absolute election among remedies. A refund does not include interest paid on the vehicle. The agency's current repurchase calculation excludes interest, finance charges, and insurance premiums from the purchase-price base and applies the allowance for use prescribed by § 224.260.

7. TXDMV FILING NOTICE

If the defects are not corrected or the claim is not resolved, I intend to file promptly with TxDMV and pay the current $35 filing fee. TxDMV's current guidance requires filing within six months following the earliest of:

1. Expiration of the express-warranty term;
2. 24 months after purchase; or
3. 24,000 miles after delivery, except for towable recreational vehicles.

My current deadline calculation is [__/__/____]. I reserve the right to file before the 30-day response period ends if necessary to protect that deadline.

8. RESPONSE AND RECORDS

Please respond to:

[Name]

[Address]

[Telephone]

[Email]

Please preserve the vehicle-specific warranty file, repair orders, diagnostic data, communications, and technical service materials relevant to the defects described in this notice.

Sincerely,

________________________________

[Consumer or Attorney Name]

[Texas Bar Number, if attorney]

[Address]

[Telephone]

[Email]

ENCLOSURES

• ☐ Purchase or lease agreement
• ☐ Manufacturer's written warranty
• ☐ Repair orders and invoices
• ☐ Defect timeline
• ☐ Photographs, video, or diagnostic records
• ☐ Out-of-service and comparable-loaner calculation
• ☐ Prior correspondence
• ☐ Proof of out-of-pocket warranty-repair expense

SOURCES AND REFERENCES

• Texas Legislature — Occupations Code Chapter 2301
• TxDMV — Texas Lemon Law requirements, tests, deadline, relief, and filing process
• TxDMV — official sample manufacturer-notice letter
• Texas Secretary of State — 43 Tex. Admin. Code Chapter 224, Subchapter G
• TxDMV — statutes and rules governing Lemon Law and warranty claims