If warranty service is not provided on time or under a department order, the manufacturer, retailer, or installer must explain the failure in writing, and the department/director can investigate and take enforcement action.
Sec. 1201.357. FAILURE TO PROVIDE WARRANTY SERVICE. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director may hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable: (1) is discharged from the obligations imposed by the relevant department orders; (2) has no liability to the consumer with regard to that warranty; and (3) is not subject to an action by the department for failure to provide warranty service. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 21, eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 43, eff. January 1, 2008. Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.13, eff. September 1, 2013. Acts 2023, 88th Leg., R.S., Ch. 731 (H.B. 2706), Sec. 5, eff. September 1, 2023.