02/25/2026
🚗⚖️ BOUGHT A USED CAR IN TEXAS & NOW HAVING PROBLEMS? DON’T PANIC.
Used cars are NOT usually covered under the Texas Lemon Law — unless the vehicle is still under the original factory warranty.
But several other laws may protect you 👇
1️⃣ Texas Deceptive Trade Practices Act (DTPA)
📖 Texas Business & Commerce Code Chapter 17
The MOST common law used in used-car cases.
You may have a claim if a dealer:
✔️ Misrepresented the car’s condition
✔️ Lied about accidents, repairs, or mileage
✔️ Failed to disclose known problems
✔️ Advertised something untrue
⚠️ Even “AS IS” does NOT protect fraud.
📝 How to file a complaint:
File with the
Texas Attorney General
Website: www.texasattorneygeneral.gov
Include:
• Copy of buyer’s order
• Warranty documents
• Repair invoices
• Advertisements/screenshots
• Timeline of events
• Written communication with dealer
2️⃣ Magnuson-Moss Warranty Act
Applies if:
✔️ You received a written warranty
✔️ You bought an extended service contract
If they fail to honor it, you may sue — and this law allows recovery of attorney’s fees.
📝 How to file a complaint:
File with the
Federal Trade Commission
Website: www.reportfraud.ftc.gov
Also send a certified demand letter to the dealer/manufacturer before filing suit.
Include:
• Copy of warranty
• Repair attempts
• Dates vehicle was out of service
• Written repair denials
3️⃣ Implied Warranty of Merchantability (Texas Law)
If bought from a dealer, the vehicle must:
✔️ Be safe to drive
✔️ Function as transportation
✔️ Not be fundamentally defective
Even “AS IS” doesn’t protect fraud or concealment.
📝 Enforced through:
• Demand letter
• Small claims court (Justice Court)
• Civil court action
Bring:
• Mechanic inspection report
• Proof defect existed at time of sale
• All purchase paperwork
4️⃣ Odometer Fraud (Federal & State Law)
Mileage rolled back or misrepresented?
That can lead to TRIPLE damages.
📝 File with:
• National Highway Traffic Safety Administration (www.nhtsa.gov
)
• Texas Department of Motor Vehicles (www.txdmv.gov
)
Include:
• Title history
• Carfax/vehicle history report
• Odometer disclosures
• Photos of dash
• Bill of sale
5️⃣ Texas DMV Dealer Complaint Process
File directly with the
Texas Department of Motor Vehicles
Website: www.txdmv.gov
This won’t get you money damages, but it can:
✔️ Trigger investigation
✔️ Pressure dealer compliance
✔️ Lead to penalties against the dealer
Include:
• Detailed written statement
• All supporting documents
• Copies (not originals)
🔎 Quick Breakdown
Dealer lied? → DTPA
Warranty not honored? → Magnuson-Moss
Hidden defects? → DTPA / Implied Warranty
Odometer issue? → Federal Odometer Law
Factory warranty active? → Texas Lemon Law
⚖️ “AS IS” does NOT automatically mean you have no rights.
Documentation + Timeline + Written communication = Stronger case.
Are you a Texan concerned that your personal information is being unlawfully collected, sold, or mishandled by a business?