Repair-Only Orders Under Texas Lemon Law

Tex. Occ. Code § 2301.604(b) allows TxDMV to order the manufacturer to perform additional repair attempts as a remedy — the narrowest of the three available outcomes. This repair-only order is reserved for cases where the defect appears curable with focused, manufacturer-supervised intervention, and where a full repurchase or replacement isn’t warranted.

When TxDMV orders repair only

TxDMV’s ALJs typically order repair-only when:

• The defect is real but not yet meeting the substantial-impairment threshold in TxDMV’s judgment.
• The dealer’s prior repair attempts appear to have been inadequate but the defect itself appears repairable with specialist attention.
• The manufacturer has identified a TSB or service campaign that should resolve the specific defect, and that solution hasn’t yet been tried.
• The case is borderline — meeting one of the § 2301.605 thresholds but not strongly.

A repair-only order isn’t a loss for the consumer — it’s a structured opportunity to get the defect fixed with manufacturer accountability. If the repair fails, the consumer can file a new TxDMV complaint or proceed with civil-court remedies.

What a repair-only order typically requires

A TxDMV repair-only order will specify:

• What defect must be repaired.
• Where the repair must be performed — typically a designated dealer with specialist resources.
• The timeframe for completion (often 30–60 days).
• A right to TxDMV reinspection after the repair.
• Continuation of warranty for some period after the repair.
• Reimbursement of incidental damages during the repair (alternate vehicle costs, etc.).

The manufacturer also typically pays the $35 filing fee the consumer paid when filing the complaint.

What if the repair fails?

If the manufacturer’s authorized repair under the TxDMV order doesn’t resolve the defect:

1. Document the failure — same care as documenting any other repair attempt.
2. Reopen the case at TxDMV — many ALJs retain jurisdiction for follow-up.
3. Or file a new TxDMV complaint if necessary.
4. Or escalate to civil court under DTPA or Magnuson-Moss.

A failed repair under a TxDMV order is strong evidence in any subsequent proceeding — both factually (the manufacturer couldn’t fix it even with TxDMV supervision) and procedurally (the manufacturer can’t claim “we never had a chance to fix it”).

Why repair-only orders aren’t common

For two reasons:

1. Most cases that reach TxDMV mediation are past repairability

If the manufacturer’s prior repair attempts have been unsuccessful — typically four or more by the time the case reaches TxDMV — additional repairs are unlikely to succeed where the first ones didn’t. ALJs recognize this and tend to order repurchase instead.

2. Manufacturer’s preference for cash settlements

Manufacturers facing repair-only orders often offer to settle the case for repurchase rather than complying with the repair order. The reasoning: a repair that fails will lead to a stronger case against them, plus potential DTPA exposure for the failed repair attempt.

When to push back on a repair-only proposal

If TxDMV indicates inclination toward a repair-only order, consider pushing back when:

• The defect is safety-critical — additional repairs prolong the safety risk.
• Prior repairs have demonstrably failed at the dealer level, and there’s no specific reason to expect different results.
• The vehicle’s mileage is approaching the 24,000-mile threshold, which would start the six-month filing clock under § 2301.606(d) — another repair cycle could run that clock down and close out TxDMV’s repurchase jurisdiction.
• Substantial diminished value has accrued that a repair alone won’t recover.

In these cases, a repurchase or settlement is materially better than a repair attempt.

What’s typically ordered alongside

A repair-only order may also include:

• An extended warranty for the repaired defect.
• Loaner vehicle during the repair.
• Reimbursement of incidental damages to date.
• Notification rights if the defect recurs.

Bottom line

A repair-only order is the narrowest TxDMV remedy and the least common outcome for cases that reach hearing. For most cases, repurchase or replacement is the more appropriate remedy. If TxDMV indicates inclination toward repair-only, talk to a Texas lemon-law attorney about whether to accept or to push for a stronger remedy.

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