TEXAS LEMON LAW LAWYER

TYPES OF CASES

We represent Texas consumers, in Federal Court, who have purchased a motor vehicle with a nonconformity (“manufacturing defect”) that renders the vehicle useless or so inconvenient that a reasonable buyer would not have purchased the vehicle had he/she known of the defect.

WHY YOU SHOULD HIRE US

EXPERIENCE & INTEGRITY

This is what we do! Mr. Duck has over 27 years of litigation experience in the field of consumer law and has successfully represented thousands of motor vehicle owners and collected millions of dollars in damages from automobile manufacturers as a result of the “LEMONS” his clients  purchased. 

Speaking Engagements

Dirty Litigation Tactics, 2016

HarrisMartin’s MDL Conference, Bair Hugger, Volkswagen and Pharmaceutical Update, 2015

HarrisMartin Volkswagen Diesel Emissions Litigation, 2015

Effective Presentation at Trial, May it Please the Court, 2012

Associations

Association of Plaintiff Interstate Trucking Lawyers of America, Member

American Association for Justice, Member

Million Dollar Associates Forum

Multi Million Dollar Associates Forum

National Association of Distinguished Counsel 

The National Trial Lawyers Top 100

LICENSED JURISDICTIONS

Mr. Duck is licensed to practice in all State, Federal and Appellate Courts in the State of Louisiana as well as the Louisiana Supreme Court and the United States Supreme Court.

  • U.S. Western District of LA
  • U.S. Middle District of LA
  • U.S. Eastern District of LA
  • U.S. Supreme Court
  • Louisiana Supreme Court
  • All State Courts in the State of Louisiana
  • U.S. Northern District of Florida
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Northern District of Texas
  • U.S. Southern District of Texas
  • U.S. Eastern District of Texas
  • U.S. Western District of Texas
  • U.S. Northern District of INDIANA
  • U.S. Eastern District of MICHIGAN
  • U.S. Eastern District of MISSOURI
  • U.S. District of COLORADO

TESTIMONIALS

million dollar advocates logo
Nations Top One Percent Lawyers
top 100 trial lawyers logo
multi-million dollar advocates logo

OUR CRITERIA

We are very selective! The criteria required in order for us to agree to representation is as follows:

2018 OR NEWER MODELS

New Only
Purchase Price $50,000 or more

4 or more repair attempts on the same component or 6 repair attempts total within the express manufacturer warranty period or 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner;
and/or a nonconformity still exists that substantially impairs the use or market value of the vehicle and was the vehicle for out for service for repair for a cumulative total of 30 or more days and the attempts to repair were made prior to the date the express warranty expires or 24 months or 24,00 miles, whichever occurs first, following the original delivery of the motor vehicle to the owner.

Vehicle repair

OUR PROCESS

  1. You initiate contact with our office by completing an online form, sending us an email or calling us about problems you are experiencing with your vehicle.

  2. One of our team members calls you to get important details about the problems you are experiencing with your vehicle.

  3. If you qualify, our team member will send you a retainer agreement and questionnaire to be completed and signed electronically.

  4. Next we will request you send your repair order and your sales documents.

  5. Once we receive the requested documents, we conduct an extensive investigation about your vehicle including research about recalls, lawsuits, warranty and repair history, VIN# research, blog research, & manufacturer bulletins about your vehicle.

  6. Next our attorney evaluates your case and prepares a lawsuit or a notice of demand to send to the manufacturer so that the manufacturer has notice of the claim and requires them to evaluate your case.

  7. Our attorney then takes the proper steps to advocate for you to recover for you an appropriate settlement award or verdict.

WHAT YOU SHOULD KNOW

If you qualify, absolutely. Typically [80%] recovery is anywhere 10% to 30% of the purchase price. The range depends on the number of repairs, nature of the repairs. mileage on the vehicle and days out of service. In some instances, the damages will exceed 20% due to the extent of the defect, circumstances, and days out of service. In the event the defect renders the vehicle useless, or so unsafe that a reasonable person would not drive the vehicle, then the buyer may be entitled to a repurchase. A repurchase is where the manufacturer reimburses you for what you paid, pays off any outstanding balance. However, the manufacturer may seek credit for the milage on the vehicle.

The law provides that if the buyer proves a manufacturing defect with vehicle that the manufacturer is liable for the buyers’ attorney fees. Part of our investigation and evaluation process is to identify manufacturing defects. When we proceed, we are confident we can prove a manufacturing defect. Thus, we seek our attorney fees from the manufacturer. If a settlement can be reached, the fees will be part of the settlement agreement. If the case goes to trial, the fees will be part of a verdict or order. Either way, you are not required to pre-pay fees, pay a retainer or pay fees in the event we fail to make a recovery on your behalf.

Texas laws that address motor vehicle warranties include: 2301.601- 2301.613 (“Texas Lemon Law”) 15 USC 2301, et seq. (“Magnuson-Moss Warranty Act”), Article 2 of the Uniform Commercial Code and, Texas Business and Commerce Code Section 17.01, et seq. (Texas Deceptive Trade Practices Act).

A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if: the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of: the date the express warranty expires ; or 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.

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: replace the motor vehicle with a comparable motor vehicle; or 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.

The Magnuson–Moss Warranty Act is a United States federal law (15 U.S.C. § 2301 et seq.) that governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold “as is”), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner and provides consumers with remedies for violation of express and implied warranties.

A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1) the use or employment by any person of a false, misleading, or deceptive act or practice that is:(A) specifically enumerated in a subdivision of Subsection (b) of Section 17.46 of the TDTPA; and (B) relied on by a consumer to the consumer’s detriment; (2) breach of an express or implied warranty.

I WILL FIGHT FOR YOU!

Complete the form below with details about your vehicle for a free case evaluation.

    Louisiana

    Duck Law Firm, LLC
    Louisiana Lemon Lawyer
    5040 Ambassador Caffery Pkwy
    Suite 200
    Lafayette, Louisiana 70508
    Tele: 877-902-1144
    LouisianaLemonLawyer.com

    Texas

    Duck Law Firm, LLC
    Texas Lemon Law Lawyer
    440 Louisiana Street
    Suite 900
    Houston, Texas 77052
    Tele: 877-902-1144
    TxLemonLawLawyer.com

    Colorado

    Duck Law Firm, LLC
    Colorado Lemon Law Lawyer
    1001 Bannock Street
    Denver, Colorado 80204
    Tele: 877-902-1144
    ColoradoLemonLawLawyer.com

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