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Lemon Law

Occ. Code 2301.605 — repaired four times, twice for a serious safety hazard, or 30 days out of service

When a manufacturer cannot conform a vehicle to its express warranty after a reasonable number of attempts, for a defect that creates a serious safety hazard or substantially impairs its use or market value, it reimburses the owner's reasonable incidental costs and either replaces the vehicle with a comparable one or takes it back and refunds the full purchase price, less a reasonable allowance for use.

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A reasonable number of attempts is presumed whenWithin
A reasonable number of attempts is presumed whenThe same problem remains after being repaired four or more timesWithinThe warranty, or 24 months or 24,000 miles from delivery, whichever is first
A reasonable number of attempts is presumed whenA serious safety hazard remains after being repaired two or more timesWithinThe same
A reasonable number of attempts is presumed whenA problem that substantially impairs use or value remains, and the vehicle was out of service 30 or more days in totalWithinThe same

Time when repairs were not available because of war, strike, fire, flood or disaster extends those periods, and days when the owner had a comparable loaner do not count toward the 30. A refund on a financed vehicle is split between the owner and the lienholder.

Sources for this section (2)
  1. Occ. Code 2301.604 — Replacement of or refund for vehicle
  2. Occ. Code 2301.605 — Rebuttable presumption: reasonable number of attempts

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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