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The Texas Department of Motor Vehicles regulates different types of businesses within the car industry, such as dealerships, manufacturers, and motor carriers. They also investigate complaints against these businesses. In this article, we will define what each of the regulated businesses are and the steps you can take to resolve a dispute you may have with these businesses.
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When Can You File a Complaint With the Texas DMV?
Here are some examples of complaints that can be filed with the Texas DMV:
False Condition. For example, you visit a local Austin car dealer to purchase a vehicle. The dealer claims the car is new. After submitting your payment, you find out the car was, in fact, used.
Faulty Repairs. For example, you take your truck to a repair shop in Houston to fix the air conditioning. You go to pick up your vehicle, and after a few minutes of driving, you find that the problem comes back. You bring it back to the shop, and they tell you they fixed the problem. They claim you must have done something to the car when you left the shop.
Misrepresentation or Fraud. For example, you are moving to a new house. You hire a moving company to transport your personal items. The moving company’s website claims that the fee is charged per item and is free for any item under three pounds. The bill includes a $10 fee for each of your items that are under three pounds.
Who Can You File a DMV Complaint Against in Texas?
In Texas, you can file a complaint with the DMV against different motor vehicle businesses as either an individual or a business.
Here are some of the main businesses you can file a complaint against:
Motor Vehicle Dealer
Motor Carrier Service
Lease Facilitator
Manufacturer
Converter
Distributor
You may be wondering what these businesses actually are and who belongs to each of these categories. In this section, we will define each business type to help you determine if you can file a complaint with the Texas DMV.
Motor Vehicle Dealer
There are different types of motor vehicle dealers that are regulated by the Texas DMV:
Franchise dealer: a franchise dealer is a specific person or business that operates from a single showroom location. Franchise dealers sell new vehicles from manufacturers or distributors.
Basic dealer: a basic dealer can buy, sell or exchange specific types of used vehicles.
Salvage dealer: a salvage dealer buys, sells, repairs, or rebuilds salvage vehicles or vehicles that cannot be repaired. Salvage vehicles are vehicles that have been damaged or are missing parts that cause the cost to repair the vehicle to be more than the vehicle’s cash value before damages occurred.
Motor Carrier Service
Motor Carrier: Someone who is paid to transport materials using a motor vehicle.
Moving Companies are considered a type of “motor carrier service” as they transport household goods in exchange for payment.
You can file different types of complaints against moving companies with the Texas DMV. For example, file a complaint with the Texas DMV if a moving company damages your personal items while transporting them to your new house.
Lease Facilitator
A lease facilitator is a person who is hired to help someone enter a contract to lease a vehicle. The facilitator works as a go-between for the customer and the vehicle owner.
You can file different types of complaints against lease facilitators with the Texas DMV. For example, a complaint may be filed against a lease facilitator if a lease facilitator fails to disclose to a client that their contract for a new car states that the car will not be available for at least another year, leaving the client paying an additional fee for a temporary car to have for the year.
Under the DMV regulations, a lease facilitator is NOT the owner of the vehicle.
Manufacturer
A Texas manufacturer is a person who builds or assembles new motor vehicles.
You can file different types of complaints against manufacturers with the Texas DMV. For example, a complaint may be filed against a manufacturer if a manufacturer sells a package of new cars to a distributor and the distributor finds out some of those new cars had been assembled several years ago, increasing the chances of a malfunctioning vehicle.
Under the DMV regulations, manufacturers are NOT allowed to sell new motor vehicles directly to Texas consumers. However, if you own a car dealership and have a complaint against a manufacturer, you can file your complaint with the Texas DMV.
Converter
A converter is a person who, before any sale of a motor vehicle, substantially changes the body of a previously manufactured motor vehicle. They can do so by assembling, installing, or fixing the vehicle’s body.
You can file different types of complaints against converters with the Texas DMV. For example, a complaint may be filed against a converter if a converter signs a contract with a dealership to replace a vehicle’s two broken doors, and when the dealership receives the finished car, the doors are poorly attached to the car.
Under the DMV regulations, converters cannot sell the new motor vehicles they convert directly to Texas consumers. However, if you own a car dealership and have a complaint against a converter, you can file your complaint with the Texas DMV.
Further, converters are not required to be physically located in Texas. If the converter is located in another state, the converter must have a Texas DMV converter license if the new motor vehicles they convert are sold in Texas.
Distributor
A distributor is a person who distributes or sells new motor vehicles to a franchised dealer.
You can file different types of complaints against distributors with the Texas DMV. For example, a complaint may be filed against a distributor if a distributor signs a contract with a dealership to provide the dealer with five new car models before the holiday season and the dealership only receives two new models in the agreed-upon timeframe.
Under the DMV regulations, distributors cannot sell new motor vehicles directly to Texas consumers, operate or control a dealer or dealership, or act in the capacity of a dealer. However, if you own a car dealership and have a complaint against a distributor, you can file your complaint with the Texas DMV.
Lemon Laws
The DMV regulates complaints under the Texas “Lemon Laws.” If you purchase a “lemon,” which is a car that does not perform according to its promised warranty, Texas Lemon Laws can offer you a remedy.
You can find Lemon Law information and complaint forms on the website of the Texas DMV.
You can view additional information on Texas Lemon Laws on the Texas DMV website if you are not sure whether your complaint relates to Texas’ Lemon Laws.
How to File a Complaint With the Texas Department of Motor Vehicles (DMV)
The Texas DMV encourages that you first try to resolve the dispute directly with the management of the business prior to filing a complaint.
Keep a record of each attempt to contact the business. It may help prove your case to the DMV if you decide to file a complaint.
If your attempt to contact the business did not resolve your dispute, you can file a complaint with the Texas DMV.
Gather the Necessary Information
You will need to gather information about the motor vehicle business and the incident before you submit a complaint with the Texas DMV. Here are some ways you can prepare to file a complaint:
Before submitting a complaint to the DMV, prepare any supporting documents. You might be able to attach them to your complaint form.
Gather legal information about the business, as you will need it to complete the form. This can include the business’s address, legal name, or contact information.
If you are filing a complaint against a motor carrier service, legal information can be accessed using the Motor Carrier Search Tool.
Once you have the necessary information, you can proceed to file your complaint with the Texas DMV.
Submit the complaint to the Texas DMV
The Texas DMV issues different complaint forms depending on the type of business the complaint is filed against.
Motor Vehicle Dealer: Fill out the online Motor Vehicle Dealer Online Complaint Form located on the DMV website to submit a complaint against an automotive dealer.
Motor Vehicle Carrier: Access the online Motor Carrier Complaint Form and follow the instructions provided on the form. After completing the form, make sure to click “submit.”
Any other Texas DMV-regulated business: To submit a complaint against any other automotive business regulated by the Texas DMV, fill out the online Motor Vehicle Online Complaint Form and select “other.”
Any questions you may have about filing a complaint can be directed to the Texas DMV Enforcement Division at (888) 368-4689.
Alternatives to Filing a Complaint With the DMV
If you filed a complaint with the DMV against a DMV-regulated business but weren’t able to resolve your dispute, consider the following alternatives.
You can send a motor vehicle business, such as a basic dealer or moving company, a formal complaint letter outlining your complaint against the business. Did you know we have a free tool powered by AI that helps you create a complaint letter to a business? Check out our demand letter tool.
You can file a consumer complaint with the Better Business Bureau (BBB). The BBB will review your complaint, and if they accept it, they will contact the business to try and resolve the complaint. The BBB will notify you if and when the business responds. Learn more about filing a complaint with the BBB.
You may also be able to file a complaint with the Texas Attorney General. The attorney general will review your complaint and determine whether or not they should take further action. The attorney general may then publish your complaint for public records (this way, other consumers are on notice). Learn more about filing a complaint with the Texas Attorney General.
You can take the business to Texas small claims court and have a judge determine your case. Small claims courts handle a wide variety of disputes against all types of businesses, including car dealerships and moving companies.
Did you know we have a free tool powered by AI that helps you create a complaint letter to a business? Check out our demand letter tool.
Camila Lopez, Esq.
Attorney at JusticeDirect. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.