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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