What Is the Lemon Law in Texas for Used Cars?

Texas Lemon Law (Texas Occupations Code Chapter 2301) primarily protects buyers of new vehicles, not used cars^[1]. The only exception: used cars still covered by the original manufacturer’s warranty at the time of purchase may qualify for limited protection^[2]. If you bought a used car “as-is” or without warranty, the Lemon Law does not apply. But that doesn’t mean you’re without options—the Texas Deceptive Trade Practices Act (DTPA) may offer stronger protection if the seller lied about the vehicle’s condition^[3].

How Texas Lemon Law Works

The Texas Lemon Law requires manufacturers to repair, replace, or refund vehicles with substantial defects that cannot be fixed after a reasonable number of attempts^[1]. The Texas Department of Motor Vehicles (TxDMV) enforces this law through its Motor Vehicle Division, which handles complaints and conducts administrative hearings^[2].

A vehicle is presumed to be a “lemon” if any of the following occur while under warranty^[2]:

• Four or more repair attempts for the same defect without success
• Two or more attempts to repair a serious safety defect
• The vehicle has been out of service for 30 or more cumulative days due to repairs

The catch? These criteria apply within the first 24 months or 24,000 miles—whichever comes first^[4]. For most used cars, that window has already closed.

When Used Cars Qualify for Texas Lemon Law

Used vehicles can qualify for Lemon Law protection only under narrow circumstances^[2]. The vehicle must have been originally sold as new in Texas, and the manufacturer’s original warranty must still be in effect when the problem occurs. If you purchased a certified pre-owned vehicle with remaining factory warranty, you may have coverage.

Condition	Lemon Law Coverage
Used car with active manufacturer warranty	Possibly covered[2]
Used car sold “as-is”	Not covered[2]
Used car with dealer warranty only	Not covered under Lemon Law[2]
Used car with expired manufacturer warranty	Not covered[2]

Here’s what matters: if your used car still has time or mileage remaining under the original factory warranty, report defects immediately. You must file a Lemon Law complaint within six months after the warranty expires, 24 months after purchase, or 24,000 miles—whichever comes first^[4].

Texas Deceptive Trade Practices Act: Your Stronger Option

For most used car buyers, the Texas Deceptive Trade Practices Act (DTPA) offers more practical protection than the Lemon Law^[3]. This law prohibits sellers from using “false, misleading, or deceptive acts or practices” during a sale^[3].

The DTPA (Texas Business and Commerce Code Chapter 17) applies when a seller^[3]:

• Failed to disclose a known major defect
• Lied about the vehicle’s condition, history, or features
• Misrepresented the car’s mileage or accident history
• Made false claims about warranty coverage

Unlike the Lemon Law, the DTPA doesn’t require an active warranty. If a dealer sold you a vehicle while hiding significant problems, you can pursue legal action regardless of whether it was sold “as-is”^[3]. Successful DTPA claims can result in actual damages, court costs, and potentially additional damages if the seller acted knowingly^[5].

Magnuson-Moss Warranty Act: Federal Protection

The federal Magnuson-Moss Warranty Act provides another layer of protection for used car buyers with valid warranties^[2]. This law applies when a dealer or manufacturer fails to honor written warranty terms.

If you purchased a used car with any type of written warranty—whether manufacturer, dealer, or third-party—and the warrantor refuses to perform covered repairs, you may have a federal claim^[2]. The Magnuson-Moss Act allows consumers to recover attorney’s fees if they prevail, which makes it easier to find legal representation for smaller claims.

What “As-Is” Actually Means

Buying a used car “as-is” in Texas means you accept the vehicle in its current condition with no warranty protection^[3]. The seller has no legal obligation to repair defects discovered after the sale. Most private-party sales and many dealer transactions for older vehicles fall into this category.

But “as-is” doesn’t give sellers unlimited protection. A dealer who actively conceals known defects—like rolling back an odometer or hiding accident damage—can still face DTPA liability^[3]. The distinction is between seller silence (generally allowed) and seller deception (illegal).

How to File a Texas Lemon Law Complaint

If your used car qualifies (has active manufacturer warranty), follow these steps to file with TxDMV^[1]:

1. Gather documentation: Collect your purchase contract, all repair orders, current registration, and photos or videos of the defect^[6].
2. Submit complaint to TxDMV: File through the Texas Department of Motor Vehicles online portal or by mail. A filing fee applies^[4].
3. Attend the hearing: TxDMV aims to hold hearings and issue decisions within 150 days after the complaint is filed^[4].
4. Prove your case: At the hearing, you must demonstrate to an administrative law judge that your vehicle meets the definition of a lemon^[4].

TxDMV conducts hearings at sites throughout Texas, making the process more accessible than traditional court proceedings^[4]. The Lemon Law process is generally less expensive than a lawsuit, which is its main advantage.

When to Contact an Attorney

Consider consulting a Texas consumer protection attorney if^[3]:

• The seller made false statements about the vehicle’s history or condition
• You have documentation proving the dealer knew about defects before the sale
• Your warranty claim was wrongfully denied
• Damages exceed small claims court limits ($20,000 in Texas)

Many lemon law and DTPA attorneys offer free consultations and work on contingency, meaning no upfront cost to you^[6]. Given the complexity of vehicle purchase disputes, professional guidance often pays for itself.

Key Takeaways

• Texas Lemon Law (Occupations Code Chapter 2301) covers primarily new vehicles; used cars qualify only if still under the original manufacturer’s warranty^[1][2].
• The Texas Deceptive Trade Practices Act provides stronger protection for used car buyers when sellers lie about or conceal vehicle defects^[3].
• “As-is” sales eliminate warranty obligations but don’t protect sellers who commit fraud or active misrepresentation^[3].
• Lemon Law complaints must be filed within six months after warranty expiration, 24 months from purchase, or 24,000 miles—whichever comes first^[4].
• The federal Magnuson-Moss Warranty Act may apply if any written warranty (manufacturer, dealer, or third-party) is not honored^[2].
• A pre-purchase inspection remains your best defense against buying a problem vehicle in the first place.

FAQs

References

1. Texas Department of Motor Vehicles. (n.d.). Texas Lemon Law. https://www.txdmv.gov/motorists/consumer-protection/lemon-law
2. Lemon Law Experts. (2025). Texas Lemon Law for New Cars vs. Used Cars Explained. https://lemonlawexperts.com/texas-lemon-law-new-cars-used-cars/
3. State Law Library of Texas. (2025). I bought a used car, but it does not run well. What can I do? https://www.sll.texas.gov/faqs/dtpa-used-car/
4. Texas Tech University Student Legal Services. (n.d.). Texas Lemon Law. https://www.depts.ttu.edu/sls/forms/lemon-law.pdf
5. Texas Consumer Lawyers. (n.d.). Texas Consumer Protection Statutes. https://txconsumerlawyers.org/protection-statutes/
6. Lemon Law Experts. (2025). Texas Lemon Law Made Easy to Understand. https://lemonlawexperts.com/lemon-law-texas/