What is the name of your state? TX
I have a question concerning TX lemon law. I'm using a free attorney who collects his fees from the auto manufacturer. My question is, I'm being told that because of the negative equity in the vehicle that a buyback is not going to happen unless I can come up with enough money to account for that negative equity. No where I am reading on TX law does it mention this.
This is the section that seems to apply to my question where negative equity is not mentioned:
2301.604. Replacement of or Refund for Vehicle
(a) A manufacturer, converter, or distributor 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 and:
(1) replace the motor vehicle with a comparable motor vehicle; or
(2) accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner's use of the vehicle, and any other allowances or refunds payable to the owner.
(b) A refund made for a vehicle for which there is a lienholder shall be made to the owner and lienholder in proportion to each person's interest in the vehicle.
(c) As necessary to promote the public interest, the board by rule:
(1) shall define the incidental costs that are eligible for reimbursement;
(2) shall specify other requirements necessary to determine an eligible cost; and
(3) may set a maximum amount that is eligible for reimbursement, either by type of eligible cost or by a total for all costs.
If I am correct, why is my attorney telling me otherwise?
Thanks!
I have a question concerning TX lemon law. I'm using a free attorney who collects his fees from the auto manufacturer. My question is, I'm being told that because of the negative equity in the vehicle that a buyback is not going to happen unless I can come up with enough money to account for that negative equity. No where I am reading on TX law does it mention this.
This is the section that seems to apply to my question where negative equity is not mentioned:
2301.604. Replacement of or Refund for Vehicle
(a) A manufacturer, converter, or distributor 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 and:
(1) replace the motor vehicle with a comparable motor vehicle; or
(2) accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner's use of the vehicle, and any other allowances or refunds payable to the owner.
(b) A refund made for a vehicle for which there is a lienholder shall be made to the owner and lienholder in proportion to each person's interest in the vehicle.
(c) As necessary to promote the public interest, the board by rule:
(1) shall define the incidental costs that are eligible for reimbursement;
(2) shall specify other requirements necessary to determine an eligible cost; and
(3) may set a maximum amount that is eligible for reimbursement, either by type of eligible cost or by a total for all costs.
If I am correct, why is my attorney telling me otherwise?
Thanks!