The Common Law

Being sure your car qualifies as a lemon can actually be one of the most difficult parts of the entire Lemon Law process. If your car still qualifies after all the detailed restrictions discussed in last week's column (available at www.austinchronicle.com), you are probably so frustrated that nothing would please you more than to use the Lemon Law to end your problems once and for all. Good news, this is the easy part. Complaints can be filed with the Motor Vehicles Division of TxDOT. Complaint forms can be downloaded on the TxDOT Web site at www.dot.state.tx.us. You must file the complaint and a $35 filing fee with TxDOT within specific time limits. Just to be safe, it is usually best to file the complaint as soon as you realize the dealer is having serious trouble repairing the car.

Once the complaint has been filed, a representative from TxDOT will work on your behalf, either making sure that your car is properly repaired, or he will attempt to settle the dispute. With some luck, your complaint could come to a quick resolution, sometimes as early as 30 to 60 days after the complaint is filed.

Alternatively, if the complaint does not settle, you will have the opportunity to prove that your car really is a lemon at a Lemon Law hearing. During the hearing, you will get to tell your side of the story to an Administrative Law Judge, including presenting documents supporting your claim.

The Legislature intentionally created numerous requirements that limit the situations that permit a new car owner to sue under the Lemon Law. However, if your car does qualify, the Lemon Law could still be less complicated and less expensive than filing a lawsuit (the only other option prior to the Lemon Law). If you want more information to determine whether your lemon is really considered a lemon under the law, look at www.carlemon.com or call TxDOT's Lemon Law hotline at 800/622-8682. In the meantime, if you think your car might be a lemon, be sure to save all paperwork detailing the repair work performed on the car.