Texas Occupations Code 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.
Terms Used In Texas Occupations Code 2301.604
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(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.