What Is the Lemon Law in Texas for Used Cars?

Texas does not have a dedicated lemon law specifically for used cars^[1]. The Texas Lemon Law (Texas Occupations Code Chapter 2301) primarily protects buyers of new vehicles, but used cars may qualify if they are still covered by the original manufacturer’s warranty when defects arise^[2]. For used cars sold “as-is” or outside warranty coverage, the Texas Deceptive Trade Practices Act (DTPA) provides an alternative path to recourse against fraudulent or misleading dealer practices^[3].

How the Texas Lemon Law Works

The Texas Lemon Law defines a “lemon” as a vehicle with a serious defect that substantially impairs its use, value, or safety—and that persists despite a reasonable number of repair attempts^[2]. The law is administered by the Motor Vehicle Division (MVD) within the Texas Department of Motor Vehicles (TxDMV)^[4].

For a vehicle to qualify under the Texas Lemon Law, it must meet specific criteria:

• The vehicle must be covered by the manufacturer’s original warranty
• The defect must substantially impair use, value, or safety
• The manufacturer or dealer must have been given a reasonable opportunity to repair the defect^[2]

The “reasonable number of repair attempts” typically means four or more tries for the same non-safety defect, or two attempts for safety-critical problems like brakes or steering^[2]. All repairs must occur within 24 months or 24,000 miles from original delivery, whichever comes first^[4].

When Used Cars Qualify Under the Texas Lemon Law

Used vehicles can qualify for Texas Lemon Law protection under limited circumstances^[4]:

Eligibility Factor	Requirement
Warranty Status	Must be under original manufacturer’s warranty[2]
Original Sale	Vehicle must have been originally sold as new in Texas[3]
Time Limit	Within 24 months or 24,000 miles from first delivery[4]
Transferability	Warranty must have transferred to subsequent owner[2]

Even when sold “used,” a car’s factory warranty typically remains in force unless explicitly voided by the manufacturer^[2]. Certified Pre-Owned (CPO) vehicles with extended manufacturer-backed warranties may also qualify^[2].

Example scenario: You purchase a 2024 model year vehicle as a used car in 2025 with 15,000 miles. The original 3-year/36,000-mile warranty remains active. If the transmission fails repeatedly and the dealer cannot fix it after four attempts, the vehicle may qualify as a lemon under Texas law^[2].

When the Texas Lemon Law Does NOT Apply

The law does not cover used vehicles in these situations^[3]:

• Sold “as-is” with no warranty coverage
• Original manufacturer’s warranty has expired
• Purchased from a private seller (in most cases)
• Defects caused by owner abuse, neglect, or unauthorized modifications
• Vehicles over 24 months old or exceeding 24,000 miles from first delivery

Many used car buyers mistakenly believe “as-is” sales block all recourse^[2]. While this is true for the Lemon Law specifically, other legal protections still apply—most notably the DTPA.

If you’re shopping for a used vehicle, understanding how many miles are acceptable helps you find vehicles more likely to remain under warranty protection.

Alternative Protection: Texas Deceptive Trade Practices Act (DTPA)

When the Lemon Law doesn’t apply, the Texas Deceptive Trade Practices Act (DTPA) provides a critical safety net for used car buyers^[1]. This law prohibits false, misleading, or deceptive trade practices by sellers.

What the DTPA Covers

The DTPA applies even when^[2]:

• The original warranty has expired
• The vehicle was sold “as-is”
• You purchased from a dealer who made misrepresentations

Examples of DTPA violations:

• Dealer knew about significant mechanical problems but concealed them
• Odometer was rolled back or tampered with
• Vehicle was previously in a major accident but sold as accident-free
• Flood-damaged vehicle sold without disclosure
• Vehicle has a salvage title that wasn’t disclosed^[1]

DTPA Remedies

If you prove a DTPA violation, you may recover^[2]:

• Actual damages (cost of repairs, diminished value)
• Mental anguish damages in some cases
• Up to treble (triple) damages for knowing or intentional violations
• Attorney’s fees and court costs

DTPA Requirements and Deadlines

Requirement	Details
Pre-suit notice	60-day written notice to seller before filing lawsuit[2]
Statute of limitations	Two years from discovering the deceptive act[2]
Private sellers	May be covered if seller is a frequent flipper or committed fraud[2]

The DTPA can be a powerful tool when dealers misrepresent vehicle history or condition. If you’re dealing with issues like unexplained problems, checking warning light meanings helps document specific symptoms.

Federal Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act provides another layer of protection for used car buyers^[4]. This law applies when:

• A written warranty (manufacturer or dealer-provided) exists
• The warranty terms were not honored
• You gave the warrantor reasonable opportunity to repair

Unlike the Texas Lemon Law, Magnuson-Moss claims can be filed in federal court and may allow for attorney fee recovery. This federal option is particularly useful when dealer warranties (not just manufacturer warranties) are involved^[4].

Steps to Take If Your Used Car Is a Lemon

Document Everything

From day one, maintain detailed records^[2]:

• All repair orders and invoices
• Warranty documents and sales agreements
• Written communication with dealers and manufacturers
• Photos and videos of defects
• Dates and descriptions of each problem occurrence

Follow the Proper Repair Process

If your used car is still under warranty:

1. Report defects to an authorized service center promptly
2. Request detailed written repair orders each visit
3. Keep copies of all documentation
4. After four failed repair attempts (or two for safety issues), send written notice to the manufacturer via certified mail^[2]

File with the Texas DMV (If Eligible)

For vehicles that qualify under the Texas Lemon Law:

1. Submit a complaint to the TxDMV Motor Vehicle Division
2. Participate in the free state arbitration program
3. File within six months of warranty expiration or 24,000 miles^[2]

The arbitration process is less expensive and faster than court litigation. However, you must meet strict deadlines—missing the six-month window typically forecloses this option^[2].

Consider Legal Action

For DTPA claims or cases outside Lemon Law eligibility:

1. Send the required 60-day pre-suit written notice
2. Consult with an attorney specializing in consumer protection
3. File suit within two years of discovering the deceptive act^[2]

Many lemon law and DTPA attorneys work on contingency, meaning no upfront costs. The potential for attorney fee recovery under these laws makes legal representation more accessible.

Understanding the car buying process beforehand helps you avoid problematic purchases and document everything properly.

FTC Used Car Rule Protection

The Federal Trade Commission’s Used Car Rule requires dealers to display a Buyers Guide on every used vehicle^[5]. This guide must disclose:

• Whether the vehicle comes with a warranty or is sold “as-is”
• What percentage of repair costs the dealer will cover (if any)
• Which vehicle systems are covered under any warranty
• A warning to get all promises in writing

Failure to provide the required Buyers Guide is itself a violation that may support legal action^[5]. Always keep a copy of the Buyers Guide as proof of what was disclosed at purchase.

Key Takeaways

• The Texas Lemon Law primarily covers new vehicles, but used cars may qualify if still under the original manufacturer’s warranty within 24 months/24,000 miles
• Vehicles sold “as-is” are not covered by the Lemon Law, but the DTPA still protects against dealer fraud and misrepresentation
• Document every repair attempt, keep all paperwork, and send notices via certified mail to preserve your legal rights
• File Lemon Law claims within six months of warranty expiration; DTPA claims have a two-year statute of limitations
• Many consumer protection attorneys work on contingency with no upfront costs

Frequently Asked Questions

References

1. Texas State Law Library. (2025). I bought a used car, but it does not run well. https://www.sll.texas.gov/faqs/dtpa-used-car/
2. Lemon Law Texas Attorney. (2025). What Is the Lemon Law in Texas for Used Cars? http://lemonlawtexasattorney.com/blog/what-is-the-lemon-law-in-texas-for-used-cars/
3. SJ Law Firm. (2025). What Is the Lemon Law in Texas for Cars? https://sj-lawfirm.com/texas-lemon-laws/
4. The Lemon Law Experts. (2025). Texas Lemon Law for New Cars vs. Used Cars Explained. https://lemonlawexperts.com/texas-lemon-law-new-cars-used-cars/
5. Federal Trade Commission. (2020). Used Car Rule. https://www.ftc.gov/legal-library/browse/rules/used-car-rule
6. Texas DMV. (2025). Texas Lemon Law. http://www.txdmv.gov/motorists/consumer-protection/lemon-law