Occupations Code § 1201.602

A suit over warranty service or warranty compliance can be paused if the defendant files a plea in abatement within 45 days of the answer date and requests a consumer complaint home inspection. The pause lasts until the inspection and any chance to comply with the director’s report, or for up to 150 days. If the consum

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
Official source: View official record ↗

abatement cause of action warranty service

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Provisions of Occupations Code § 1201.602

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1201.602
Occupations Code § 1201.602
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A suit over warranty service or warranty compliance can be paused if the defendant files a plea in abatement within 45 days of the answer date and requests a consumer complaint home inspection. The pause lasts until the inspection and any chance to comply with the director’s report, or for up to 150 days. If the consumer refuses access for warranty service under the director’s report, that related cause of action is barred.

Sec. 1201.602. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. (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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

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Occupations Code § 1201.602

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