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.

Primarily, the Lemon Laws stipulate that if you buy (and in most states, lease) a brand new or used car or other vehicle with a warranty that is faulty, and the manufacturer just can't fix it in spite of recurrent attempts (in a designated time limit that differs from state to state), or if the product is in the shop for a specified period of time (usually 30 days) because of its troubles, you are entitled to a wide range of damage settlements, inclusive of:

1. Monetary restitution
2. A payback of the purchase cost
3. A new vehicle
Moreover, nearly all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee switching component which says that if you win your lawsuit, the original producer or dealer that sold you your lemon is obliged to pay your attorneys' bills.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are different, the conventional state Lemon Law statute offers compensation for buyers with a impared automobile purchased with a warranty if:

1. The dealership or original producer just can not indisputably correct a particular deficiency in the car after a reasonable number of repair attempts (generally at least 3);
2. The car cannot be driven for at least 30 days due to faults in the motor vehicle; or
3. The dealer or original producer just can't fix a gremlin that is a significant safety risk.

Generally, a defective motor vehicle is a motor vehicle with a problem or affliction that considerably degrades its use, value, or safety to the consumer and doesn't conform to the written warranty. Typically, the period of time during which the Lemon Laws apply are rather short; the problems and resultant repair attempts (or out-of-service time period) generally must take place during the first two-years or 24,000 miles that you own the car. However, a number of states have even shorter time periods. Additionally, almost all states have notice and activation prerequisites, such as requiring the consumer to send out registered mail notice to the original equipment manufacturer of the shortcomings and establishing the dealer an opportunity to correct the vehicle. Furthermore, some states necessitate that Lemon Law suits be adjudicated through an arbitration program.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned automobiles bought while under the manufacturer's original warranty. A good number of state Lemon Laws also apply to vehicles other than passenger vehicles. depending on the consumer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like computers)
There are many powerful resolutions possible under the Lemon Laws. Often times, if the original equipment manufacturer just can't fix the vehicle, the consumer may either call for the original equipment manufacturer to replace the vehicle, or force the original equipment manufacturer to take the vehicle and return the price paid plus accompanying costs, including all charges, towing fees, repair costs, related transportation charges and other damages incurred by the consumer as a result of the flaws in the vehicle. Another important resolution possible under most Lemon Laws is laywers' expenses. In virtually all states, if you win in a Lemon Law lawsuit, you will not have to pay any legal expenses-the auto maker that sold you your lemon is expected to pay all of your legal invoices.

The defendant auto original maker can utilize many defenses to a Lemon Law claim. The conventional statute affords that the original producer is not guilty if it can affirm that the problems at issue were caused by misuse, carelessness, or the modification or alteration of a vehicle by somone other than the original producer, an agent, or an authorized dealer. In other words, if the consumer damages his or her own motor vehicle, or the defects were the fault of changing or adjustments conducted by an unauthorized dealer, the original producer could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer commodities to give consumers explanatory facts about warranty coverage benefits. Also, it determines both the rights of public consumers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't demand an auto maker to supply consumers with a warranty, if a warranty is offered, the Magnuson Moss Act affords many protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for violating the warranty by making breach of warranty noncompliance of federal law, and by permitting public consumers to recover litigation charges and reasonable attorneys' charges.

The Magnuson Moss Act is frequently applicable in a lemon case in which, for some reason, a state Lemon Law claim is not possible or moreover unsuited. For example, divaricate from the relatively short period of time offered to purchasers inside almost all Lemon Laws, you can record a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty time period. Furthermore, although a few Lemon Laws limit their coverage to a very specific list of motor vehicles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act might also apply if you bought or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 U.S. States. It is the main authority of law governing warranties on consumer goods, including cars and other items. The UCC affords a legal route for consumers with lemon troubles.

UCC code stipulates that the consumer of a product is entitled to return goods that do not perform in any regard to the consumer warranty. Basically, if your brand new vehicle doesn't function as guaranteed by the original equipment manufacturer (your original warranty is part of your warranty), you can file a claim citing the UCC in addition to any other claims you might have.

The time for rejecting a vehicle with the UCC is not unlimited. If you reveal a problem in your motor vehicle inside a sensible ownership period, you can refuse the vehicle. Unfortunately, brand new vehicles can be typically technically enigmatic and you might not understand if your item conforms to the agreement till after you buy the item and problems begin to arise. So, if After this ownership time period you do not take back the item, you will be alleged to have o.K.ed it and will have no claim through the UCC.

The length of the inspection period is not specified in the regulation. The Courts determine how long the fair review period is based on the purchaser's understanding and personal experience, the purchaser's difficulty in seeing the deficiency, and the purchaser's chance to expose the problem.

In spite of this limitation, the UCC states that in certain instances where a buyer is stated to have accepted goods (i.e. the fair review time period has expired), a buyer may still abrogate his approval of those goods where the non-conformity often cripples the marketability of the goods to him. Those examples include situations in which it was burdensome to discover the nonconformity or the buyer was promised that the non-conformity would be repaired. In other words, the court will exempt the buyer from not rejecting the goods where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively breaks and you have to keep taking it back to the dealer for repair under the written warranty, the vehicle lemon law may be your next refuge. The gremlin ought to be substantive in which it hinders your driving the vehicle or your safety. A vehicle stalling perpetually would be a substantive gremlin. This is exactly the type of defect that could impair your driving and your safety. Under the automobile lemon law you are not obligated to demonstrate why the vehicle is stalling, you merely have to prove that it is stalling. In essence you need to check over the lemon law in these 3 situations: the vehicle keeps dying inside the warranty time period, the vehicle is a safety hazard, the dealer is incapable to rebuild the vehicle when it is guaranteed.

If you have a motor vehicle which is a lemon you can directly write to the original equipment manufacturer and ask for another equivalent motor vehicle. If this demand is not acceptable to the original equipment manufacturer, you could start into an arbitration program. A few manufacturers use their own arbitration process. Other manufacturers utilize external arbitration program like Autoline by the Better Business Bureau. The opinion of the arbitrators is binding on the original equipment manufacturer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original equipment manufacturer to court.

Virtually all regulations provide that the consumer ought to be restored back to the fiscal status they were in prior to purchasing the automobile, less the amount that the consumer benefited from by using the automobile. To get the restitution sum several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used automobiles will qualify under regular lemon laws. For example, a pre-owned vehicle might fall under regular lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be additionally cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealer that provides a written warranty. Personal sales are not involved, nor are motor vehicles sold under a certain original price paid. There may be additional restrictions to a used car lemon law such as the proposes for which the automobile is pre-owned or the categorisation of automobile. Vintage automobiles, are normally excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than new car regulations. They usually range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing program. Many lemon law lawyers take a relatively modest retainer to cover a lemon law claim, and subsequently, the lawyer's fees are charged to the original maker. Thus, lemon law claims are oftentimes very low-cost to public consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states provide for you to recuperate your Lawyer invoices if you win. The lawyer's fee is based on actual time used instead of being linked to any other share of the recuperation. In some States, you have to pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to place their complaints in writing and save a copy. In any written communication, always delineate how difficult it is to bring the motor vehicle to the dealer for repairs and that the dependability that the customer thought He was buying has been non-existent. Any written communication with a dealer or original maker must be sent using certified postal service. In many instances the manufacturers claim that they haven't had the required number of endeavors to correct the defect. They depend on the reality that the customer does not retain repair tickets for each occurance they have taken the car into the authorized dealership. They also assume on the fact that the repair tickets have seperate parts fixed every period proving that they have not fixed the same condition. Consumers ought to reply by requiring that dealerships always hand them a warranty repair order. Consumers should also contend that these undocumented trips are attempts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately scan your owner's binder and warranty references entirely, along with the reference with respect to lemon law rights which you ought to obtain when you choose your car. Don't bet on your dealer to tell you which problems are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is misleading you, be calm but surefooted. Don't be afraid to produce the section of the warranty that applies, or to call the manufacturer for verification applying the contact info included within your owner's binder. You should not be obligated pay for corrections connected to lemon law complaints. It's also necessary to give notice the manufacturer of a complaint right away. If you think that your motor vehicle has a defect which cannot be repaired, check your lemon law rights to see when you are able to bring 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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