Texas Occupations Code 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 § 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.
Terms Used In Texas Occupations Code 1201.602
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.