Section 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.Tex. Occ. Code § 1201.602
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. 6/1/2003.