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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 114752
Experience:  Attorney with over 24 years of law and traffic law
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I am financing a 2015 Chrysler bought in November 2014. It

Customer Question

I am financing a 2015 Chrysler bought in November 2014. It currently does not have over 10000 miles and the transmission has gone out it in. I am still covered under my warranty however the mechanic stated that it was a faulty transmission and this is a concern for me. I was informed by a friend to look into the lemon law. Does my situation apply?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the Texas lemon law, in order to avail yourself of the rights under that law (other than the regular warranty law), you have to have brought the vehicle back for repairs and the dealer failed to repair it then the lemon law applies. The Texas lemon law uses the following tests for it to apply:
The Four Times Test: Where you take your vehicle to the dealership for repair twice for the same problem within the first 12 months or 12,000 miles, whichever comes first; and twice more during the 12 months or 12,000 miles following the second repair attempt, and the problem continues to exist.
The Serious Safety Hazard Test: Where there is a serious safety hazard, which is a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle normally, or that creates a substantial risk of fire or explosion. This test applies if you took your vehicle to the dealership two or more times for the repair of a serious safety hazard once during first 12 months or 12,000 miles, and once more during the 12 months (or 12,000 miles) following the first repair attempt, and the problem continues to exist.
Finally, the 30 Day Test: If your new vehicle has been out of service for repair due to a defect that substantially impairs the use or market value of the vehicle due to defects covered by the warranty for a total of 30 or more days during the first 24 months or 24,000 miles, and there were at least two repair attempts during the first 12 months or 12000 miles, and the problem still exists. If no loaner vehicle was provided to you by the dealer during this time period, you pass the test.
So, if you do not meet one of these tests, your coverage is under the warranty and the dealer has to repair the vehicle and replace the transmission with a new transmission pursuant to the warranty and not the lemon law.