Lemon Law News – Recovering Attorney’s Fees in Texas Lemon Law Cases
Lemon Laws protect Americans who unknowingly purchase defective vehicles. Automotive manufacturers sell roughly 150,000 vehicles every year classified as lemons: vehicles with repeated, unfixable problems. Some lemons may eventually be recalled by the manufacturer, if the problems prove systemic. Lemon laws help consumers stand up for their rights and get the compensation they deserve from car companies including Toyota, Ford, Chrysler and many more.
Joining state lemon laws in protecting consumers is the federal Magnuson Moss Warranty Act. The federal Act provides protection for consumers who purchase cars that are having problems under the manufacturer’s warranty.
Texas’s lemon law allows for successful plaintiffs to recover attorney’s fees after prevailing in court, but only when the manufacturer is also represented by an attorney.
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According to the Texas Occupations Code, a manufacturer “that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect.”
This provision goes into effect when the consumer’s vehicle is either replaced or repurchased under the Texas lemon law.
The Texas Department of Transportation includes attorney fees “if the complainant retains counsel after notification that the respondent is represented by counsel.” In summary, this means Texas’s state lemon law allows consumers who win their lemon law case to recover their reasonable and necessary attorney’s fees and costs incurred pursing the case only if the manufacturer also retains counsel.
Those filing a complaint using the state’s lemon law must undergo arbitration before the law’s repurchase or replacement provisions apply. While arbitration can be faster and less formal than a filed civil lawsuit, it has a number of downsides and rarely resolves favorably for the consumer.
The Magnuson Moss Act, regardless of the state in which a claim is filed, provides that the vehicle manufacturer shall pay the claimants’ attorneys’ fees if the claimant prevails against the manufacturer. Lemon law attorneys prosecute cases knowing they can recoup their costs after winning in court. This means the consumer doesn’t directly pay out of pocket for legal representation. The Act supersedes any state law and can be pursued even if the state lemon law’s technical requirements are not met.
The legal system is complex and can be nearly impenetrable for the average person. An attorney acts as both their client’s advocate and guide through the legal system, using their knowledge of the law’s technicalities and pitfalls to lead clients to an acceptable resolution.
If your car has problems the manufacturer can’t or won’t fix, reach out to a qualified lemon law attorney at once. They have the experience and expertise needed to get you the justice you deserve.