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Joycelaw
Joycelaw, Lawyer
Category: Consumer Protection Law
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I have a 2015 Chrysler 200. Shortly after I got the car I

Customer Question

I have a 2015 Chrysler 200. Shortly after I got the car I had a blow out. When I picked up my car the car died several times. The dealership kept the car and said the software needed to be flashed. Then I have had other minor software issues with the bluetooth and the audio buttons on the steering wheel but the dealership said they couldn't get the problem to duplicate and said bring it back when it happens again. Then 2 weeks ago the car wouldn't start after I came out of the store and the dealership looked at the car. They said nothing was wrong it had software updates and returned it. The next day after getting it back it died while I was driving and now they way it was the transmission.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Joycelaw replied 1 year ago.

Hello:

According to the Texas Department of Motor Vehicles, you may have an action under the Texas

Lemon Law. According to their website.

"When can I use the Texas Lemon Law?

If you have purchased or leased a new motor vehicle and it develops a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, you may be eligible for relief under the Texas Lemon Law. You are required to allow the manufacturer a reasonable opportunity to repair the defect(s) before you may file a complaint for lemon law relief. There is a $35 filing fee required with the submission of the Lemon Law complaint form. The number of reasonable attempts may vary based upon the defect’s effect on the normal operation of the motor vehicle.

How many “reasonable attempts” to repair a defect is the manufacturer allowed?

One way to show the dealer has had a reasonable number of attempts to fix a defect is to pass the following tests. Mileage requirements in the tests do not apply to travel trailers.

The Four Times Test

You pass this test if you have taken 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

A serious safety hazard 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. You pass this test if you have taken 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.

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.

It is advisable to contact the Lemon Law Section of the Texas Department of Motor Vehicles (TxDMV) for more specific information and assistance at(###) ###-####

What motor vehicles are eligible?

Cars, trucks, motorcycles, motor homes and all terrain vehicles are covered, as well as demonstrator vehicles that develop problems covered by a manufacturer's written warranty. Travel trailers must be titled and registered in Texas to be eligible.

Are used motor vehicles covered?

Your used vehicle may be covered under current state laws. Texas laws related to warranty performance may cover your vehicle if your used vehicle is still covered by the manufacturer's original warranty (not an extended service contract), or if the problem started and was reported to the dealer while under warranty and it continues to exist, repair assistance of the warranty-related problem may be available to you."

I hope this helps. You may have to consult an attorney in your area. If you are low income or retired, you can

check with the Legal Aid foundations in your area. Or you can call your State Bar referral services in your area.

Thanks. I hope this helps. I have worked hard on this question and I would appreciate an accept and a positive rating.

If you need anything else, don't hesitate.

Sincerely,

Joyce

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