Louisiana Lemon Law Firms:
This is a list of law firms that are registered as specializing in Louisiana lemon law cases.

Louisiana Revised Statutes Annotated 51:1941 to 51:1948

§ 1941. Definitions.

The following definitions apply when used in this Chapter:

(1) "Collateral costs" means sales tax, license fees, and registration fees and any similar governmental charges.

(2) "Consumer" means:

(a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty;

(b) A person, other than for purposes of resale, to whom a motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle;

(c) A person to whom a motor vehicle is leased; and

(d) Any other person entitled to enforce the warranty.

(3) "Dealer" means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, new all-terrain vehicles, or new motor homes at retail and who has an established place of business.

(4) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles.

(5) "Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of an obligation under that warranty.

(6) "Motor vehicle" means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in R.S. 32:1252(13), sold in this state on or after September 1, 1984. "Motor vehicle" shall include a personal watercraft as defined in R.S. 34:855.2 and an all-terrain vehicle as defined in R.S. 32:771(1), sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. "Motor vehicle" shall include the chassis and drive train of a motor home as defined in R.S. 32:1252(12), sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. For the purposes of this Chapter, the following motor vehicles are excluded:

(a) Motor vehicles, except for motor homes, 10,000 GVW or above.

(b) Motor vehicles used exclusively for commercial purposes.

(7) "Nonconformity" means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use and/or market value of a motor vehicle.

§ 1942. Manufacturer's duty to repair; nonconformity

If a new motor vehicle does not conform to an applicable express warranty, and the consumer reports the nonconformity to the manufacturer or any of its authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such terms or such one-year period.

§ 1943. Express warranties; time limit to conform

A. (1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if the vehicle is out of service by reason of repair for a cumulative total of ninety or more calendar days or the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.

(2) (a) Notwithstanding the provisions of Paragraph (1) of this Subsection, in the case of a motor home, the consumer shall provide written notification to the manufacturer of any of the following:

(i) The need to repair the nonconformity.

(ii) Evidence of a cumulative total of at least ninety days of the motor home being out of service.

(iii) Evidence that the same nonconformity has been subject to repair four or more times by the its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.

(b) Upon such notification, the manufacturer shall have a final attempt to repair the vehicle. The manufacturer shall have five business days upon receipt of such notification to respond to the consumer as to where the motor home may be delivered for repair. The repair facility shall be one which is authorized by the manufacturer to perform the necessary warranty work.

(c) Once delivered, the repair facility shall have ten business days within which to conform the vehicle to the applicable warranty. The time periods provided for in this Paragraph may only be extended if the consumer authorizes such extension in writing.

(2) If a manufacturer fails to respond to the consumer or to perform the repairs within the time periods described in Paragraphs (1) and (2) of this Subsection, such manufacturer shall be deemed to have waived his rights to a final attempt to cure the nonconformity.

B. The term of an express warranty shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.

C. The provisions in Subsection A of this Section shall be suspended for any period of time during which repair services cannot be performed by the manufacturer, its agents, or authorized dealer because of war, invasion, strike, fire, flood, or natural disaster.

§ 1944. Motor vehicle replacement or refund

A. If a nonconformity in a motor home has not been repaired within the time periods provided for in R.S. 32:1943(A)(2), or if after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery to the consumer of a motor vehicle which is not a motor home, whichever is the earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of ninety or more calendar days during the warranty period, the manufacturer shall:

(1) Replace the motor vehicle with a comparable new motor vehicle, or, at its option,

(2) Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use to the consumer, or any holder of a perfected security interest in the motor vehicle, as their interest may appear, if the transaction was a sale.

B. If the transaction is a lease, the provisions of Paragraph (1) of Subsection A of this Section are applicable or the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures in connection with the lease, and further satisfy all conditions of the lease in connection with early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle prior to the return thereof.

C. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first notice of nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

D. If a manufacturer has established an informal dispute settlement procedure which substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of Subsections A, B and C of this Section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

E. The consumer shall have no more than three years from the date he purchased the motor vehicle or until one year from the end of the warranty period, whichever is longer, in which to file suit against the manufacturer to force compliance with the provisions of this Section.

§ 1945. Transfer of title; time limitation

At the time of receiving the comparable new motor vehicle or refund under R.S. 51:1944, the consumer, or lessor, where applicable, shall surrender the motor vehicle subject to the nonconformity to the manufacturer together with the certificate of title with all endorsements necessary to transfer title to the manufacturer. The manufacturer shall provide the consumer, or lessor, where applicable, with a comparable new motor vehicle or refund within thirty days after an offer to transfer title in compliance with this Section by the consumer, or lessor, where applicable, or within thirty days after a decision by the informal dispute settlement procedure established by the manufacturer to award a refund or replacement.

§ 1945.1. Mandatory disclosure of nonconformity to warranty by sellers

A. (1) Upon the sale or transfer of title by a manufacturer, its agent, or any dealer of any second-hand motor vehicle, previously returned to a manufacturer for nonconformity to its warranty pursuant to the requirements of this Chapter, the manufacturer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:

"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW."

Such notice that a vehicle was returned to the manufacturer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title.

B. The failure of a dealer to deliver to the buyer the instrument required by this Section shall constitute a violation of this Chapter and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars for each violation.

§ 1946. Other remedies

Nothing in this Chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

§ 1947. Attorney fees

If the motor vehicle does not conform to applicable express warranties after the consumer has complied with the requirements of this Chapter, the consumer shall be entitled to reasonable attorney fees actually incurred if a judgment is rendered in part or whole in his favor.

§ 1948. Manufacturer's duty to provide reimbursement for temporary replacement vehicle; penalties

A. Whenever a motor vehicle which is covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental vehicle reimbursement of up to twenty dollars per day:

(1) The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.

(2) The defect, malfunction, or nonconformity is the same for which the motor vehicle has been tendered to the dealer for repair on two previous occasions.

B. The provisions of this Section regarding a manufacturer's duty shall extend only for the period of the length of the manufacturer's express warranty or for two years, whichever period of time occurs first.

C. For violations of the provisions of Subsection A, the consumer shall be entitled to recover from the manufacturer for damages incurred and reasonable attorney fees actually incurred; however, in no event shall the amount of damages awarded be less than two hundred dollars. The provisions of this Section will become effective as to cars sold after January 1, 1987, and will not be in effect in case of war, work stoppages, and natural disasters beyond the control of the manufacturer that would prevent the timely repair or parts delivery to a dealer.

D. This Section shall not apply to personal watercraft or all-terrain vehicles tendered to a manufacturer for repair.

E. This Section shall not apply to motor homes tendered to a manufacturer for repair.

Basically, the Lemon Laws specify that if you buy (and in many states, lease) a brand new or used vehicle or other vehicle with a warranty that is repeatedly faulty, and the manufacturer just can not restore it in spite of duplicated tries (within a stipulated time that varies from state to state), or if the product is out of service for a fixed period (typically 30 days) due to its troubles, you are qualified to a broad number of damages, including:

1. Monetary restitution
2. A restitution of your purchase price
3. A brand new vehicle
Additionally, almost all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee changing element which provides that if you win your suit, the original producer or dealer that sold you the lemon is obliged to pay your attorneys' expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the verbiage of each state's statute are distinct, the typical state Lemon Law statute extends remedy for consumers with a dilapidated vehicle covered by a warranty if:

1. The car dealership or original producer can't indisputably remedy a specific deficiency in the motor vehicle after a sensible number of repair attempts (commonly at least 3);
2. The automobile can't be driven for at least 30 days due to problems in the motor vehicle; or
3. The car dealership or original producer can't fix a flaw that is a crucial safety hazard.

By and large, a defective vehicle is a vehicle with a defect or trouble that substantially impairs its function, economic value, or safety to the consumer and does not conform to the warranty. Typically, the time period in which the Lemon Laws apply are relatively short; the defects and subsequent repair attempts (or out-of-service time period) typically will occur during the first two-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. Also, many states have notification and initiation requirements, such as asking the consumer to send out registered mail notice to the original producer of the troubles and establishing the dealer a chance to remedy the car. In addition, numerous states necessitate that Lemon Law lawsuits be adjudicated through an arbitration proceeding.

Generally, state Lemon Law regulation codes also are applicable to leased automobiles and preowned vehicles bought whilst under the producers basic warranty. A good number of state Lemon Laws also apply to cars other than passenger cars. based upon the consumer's home state, or the state in which the consumer bought the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (like computers)
There are a number of robust resolutions possible under the Lemon Laws. U.S. statesten times, if the original producer can't correct the vehicle, the consumer may either require the original producer to replace the automobile, or obligate the original producer to take the automobile and return the purchase price along with accompanying damages, like all expenses, towing fees, repair costs, alternative travel charges and other charges incurred by the consumer as a result of the flaws in the automobile. Another important relief possible under most Lemon Laws is legal expenses. In many states, if you prevail in a Lemon Law suit, you do not have to pay any attorneys' charges-the auto original equipment manufacturer that sold you your lemon is forced to pay all of your litigation expenses.

The defendant auto manufacturer can use assorted defenses to a Lemon Law claim. The general statute extends that the original maker is not responsible if it can affirm that the troubles in question were caused by misdeed, negligence, or the tampering or modification of a vehicle by persons other than the manufacturing business, an agent, or an authorized dealership. In other words, if the consumer damages his or her own motor vehicle, or the defects were a consequence of tampering or changes executed by an unauthorized dealer, the manufacturing business may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer products to provide consumers explanatory facts about warranty coverage claims. Additionally, it regulates both the rights of consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not demand an motor vehicle original producer to supply consumers with a warranty, if a warranty is provided, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recoup court charges and sensible attorneys' charges.

The Magnuson Moss Act is oftentimes beneficial in a lemon lawsuit where, for some reason, a state Lemon Law claim is unavailable or otherwise unfit. For example, contrary to the rather short period of time provided to public consumers within many Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed as long as the troubles occurred during the warranty period. Additionally, although some Lemon Laws restrict their coverage benefits to a small list of vehicles, the Magnuson Moss Act is relevant to nearly all consumer goods. The Magnuson Moss Act could also be applicable if you bought or leased a preowned vehicle without a manufacturer's warranty, or if the vehicle is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the primary source of law governing product contracts, including automobiles and other items. The UCC offers an alternative legal channel for customers with lemon troubles.

UCC code states that the purchaser of a product is entitled to return merchandise that fail in any sense to the agreement. So, if your recently purchased item doesn't operate as established by the original producer (your original warranty is part of your agreement), you can have a claim referencing the UCC in addition to whatever other claims you might have.

The period for bringing back a vehicle with the UCC is not unlimited. If you detect a deficiency in your car inside a reasonable inspection period, you can take back the car. Unfortunately, brand new motor vehicles can be frequently technically enigmatic and you may not understand whether your car conforms to the agreement until long after you acquire the car and troubles begin to develop. So, if After this inspection time you fail to reject the car, you will be deemed to have accepted it and may have no claim through the UCC.

The duration of the review period is not defined in the statute. Courts determine how long the fair inspection period is based on the purchaser's expertise and personal experience, the purchaser's trouble in noticing the fault, and the purchaser's chance to observe the failing.

In spite of this restriction, the UCC stipulates that in certain examples where a buyer is deemed to have approved of goods (i.e. the fair inspection period has elapsed), a buyer may still revoke his acceptance of those products where the non-conformity often cripples the value of the products to him. Those examples include situations in which it is difficult to detect the nonconformity or the buyer was ensured that the non-conformity would be fixed. Re-stated, the court will pardon the buyer from not rejecting the products where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the written warranty, the motor vehicle lemon law might be your next recourse. The deficiency should be significant where it prohibits your driving the automobile or your safety. A automobile stalling frequently would be a significant deficiency. This is exactly the type of problem that could hamper your driving and your safety. Under the motor vehicle lemon law you are not expected to show why the motor vehicle is stalling, you just have to verify that it is stalling. Essentially you need to go over the lemon law in these 3 situations: the motor vehicle keeps breaking down inside the warranty time period, the motor vehicle is a safety hazard, the dealer is not able to fix the motor vehicle when it is warranted.

If you have a car which is a lemon you can directly write to the maker and ask for another equivalent car. If this demand is not acceptable to the maker, you can move into an arbitration program. A few makers have their own arbitration program. Other makers have outside arbitration program including Autoline by the Better Business Bureau. The opinion of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the judgment, the owner can take the maker to court.

Virtually all ordinances provide that the customer needs to be restored back to the fiscal status they were in prior to purchasing the automobile, less the amount that the customer benefited from by using the automobile. To get the repayment total numerous factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned motor vehicles may qualify under regular lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States that do have a pre-owned motor vehicle lemon law might be more generous with the age and amount of mileage. Still, the motor vehicle has to be sold by a car dealership that supplies a written warranty. Individual sales are not included, neither are automobiles sold under a stated original price paid. There might be other restrictions to a used car lemon law such as the proposes for which the automobile is used or the categorization of automobile. Classic vehicles, are normally excluded from pre-owned motor vehicle lemon laws. Used motor vehicle lemon laws ordinarily cover a much shorter time period than new motor vehicle ordinances. They oftentimes range from 30 to 90 days, based on your used vehicle's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the fee system. Many lemon law lawyers require a generally humble retainer to address a lemon law claim, and afterward, the lawyer's fees are sent to the original maker. Essentially, lemon law claims are generally very affordable to purchasers. The reimbursement of lawyer expenses varies from state to state. About half of the states let you to recover your Lawyer expenses if you win. The lawyer's fee is based on actual time logged instead of being connected to any percent of the recuperation. In a select few States, you will pay the manufacturer's attorney's bills if you lose.

Consumers ought to record their charges in writing and retain a copy. In all written correspondence, always outline how problematic it is to take the motor vehicle to the dealer for work and that the reliableness that the customer thought He or she was purchasing has been non-existent. Any written correspondence with a car dealership or original maker ought to be sent using certified mail. In virtually all suits the makers claim that they have not had the requisite number of efforts to correct the defect. They count on the knowledge that the customer does not file repair orders for each occurance they have driven the auto into the repair facility. They also bet on the possibility that the repair orders have different items fixed each occurance showing that they have not fixed the same defect. Consumers ought to reply by requiring that dealerships always give them a warranty repair ticket. Consumers should also contend that these undocumented trips are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's folder and warranty info thoroughly, as well as the info pertaining lemon law rights that you should get when you acquire your automobile. Don't bet on your dealership to outline what problems are covered by warranty. If your dealership states that a defect is not covered and you believe that he or she is misleading you, be civilized but self-assertive. Don't be afraid to bring out the segment of the warranty that applies, or to call the original producer for confirmation using the contact data included in your owner's folder. You shouldn't have to pay for work related to lemon law complaints. It's also crucial to give notice the original producer of a complaint right away. If you suspect that your vehicle has a condition which can't be fixed, go over your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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