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Texas Occupations Code - OCC § 1201.602. Action Against Manufacturer, Installer, or Retailer:  Abatement or Bar

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:

(1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date;  and

(2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355.

(b) The abatement continues until the earlier of:

(1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director;  or

(2) the expiration of a period not to exceed 150 days.

(c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to:

(1) comply with a written or implied warranty;  or

(2) perform warranty service.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 1201.602. Action Against Manufacturer, Installer, or Retailer:  Abatement or Bar - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-1201-602/

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