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.

Put simply, the Lemon Laws stipulate that if you buy (and in various states, lease) a new or pre-owned car or other vehicle with a manufacturer's warranty that proves to be defective, and the manufacturer just can't rebuild it even with duplicated efforts (in a specified time that fluctuates from state to state), or if the vehicle is in the shop for a designated period of time (typically 30 days) because of its troubles, you are entitled to a broad number of costs, inclusive of:

1. Monetary restitution
2. A return of the cost
3. A brand new vehicle
Additionally, nearly all the Lemon Laws (as well as the Federal Warranty Law) have a fee changing component that states that if you win your lawsuit, the manufacturer or dealer that sold you the lemon is forced to pay legal bills.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the attributes of each state's statute are distinct, the average state Lemon Law statute offers assistance for owners with a defective automobile sold with a warranty if:

1. The dealer or manufacturer just can't completely remedy a particular problem in the automobile after a sensible number of repair efforts (generally at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to shortcomings in the automobile; or
3. The car dealership or manufacturer just can not repair a fault that is a considerable safety risk.

Most of the time, a bad motor vehicle is a motor vehicle with a defect or affliction that often impares its function, marketability, or safety to the consumer and doesn't comply with the warranty. Typically, the period of time in which the Lemon Laws apply are rather short; the problems and subsequent repair efforts (or out-of-service time period) often must occur during the first 2-years or 24,000 miles in which the purchaser owns the car. However, a number of states have even shorter periods. Furthermore, most states have notice and initiation requirements, such as requiring the consumer to send off registered mail notice to the original maker of the faults and giving the car dealership an opportunity to repair the car. In addition, many states expect that Lemon Law suits be settled through an arbitration proceeding.

Generally, state Lemon Law ordinances also apply to leased vehicles and used vehicles purchased whilst under the manufacturer's original warranty. A good number of state Lemon Laws also are applicable to cars other than passenger cars. depending on the consumer's state of residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (such as televisions)
There are many powerful remedies possible under the Lemon Laws. In most instances, if the original maker just can't repair the automobile, the consumer may either demand the original maker to replace the car, or insist the original maker to take back the car and return the price paid plus incidental costs, including all bills, towing costs, repair charges, associated travel costs and other costs incurred by the consumer as a result of the shortcomings in the car. Another important relief available under most Lemon Laws is attorneys' fees. In most states, if you prevail in a Lemon Law lawsuit, you will not have to pay any laywers' charges-the motor vehicle original producer that sold you your lemon is required to pay for your attorney's bills.

The defendant auto manufacturer can implement many defenses to a Lemon Law claim. The general statute extends that the original producer is not guilty if it can affirm that the shortcomings in dispute came about because of misuse, forget about, or the modification or alteration of a automobile by somone other than the maker, its agent, or its authorized dealer. Put differently, if the consumer dismantles his or her own automobile, or the troubles were the fault of changing or alterations conducted by an unauthorized party, the maker could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer commodities to give consumers comprehensive data about warranty coverage claims. In addition, it infects both the rights of customers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't demand an motor vehicle manufacturing business to furnish consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act offers several protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing customers to recuperate court charges and sensible attorneys' charges.

The Magnuson Moss Act is typically helpful in a lemon situation where, for some reason, a state Lemon Law claim is not possible or moreover unfit. For instance, contrary to the rather short cycle offered to public consumers within virtually all Lemon Laws, you could register a claim for breach of warranty after the warranty period has expired as long as the troubles occurred during the warranty time period. In addition, although a few Lemon Laws limit their coverage benefits to a small list of automobiles, the Magnuson Moss Act applies to almost all consumer items. The Magnuson Moss Act may also be applicable if you purchased or leased a used car without a manufacturing business warranty, or if the car is covered by a third party contract or other variety 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 principal agent of law governing product warranties, including motor vehicles and other items. The UCC affords another legal course for customers with lemon problems.

UCC code provides that the buyer of a good is entitled to return merchandise that fail in any feature to the consumer warranty. In essence, if your recently purchased product does not operate as warranted by the original producer (your manufacturer warranty is part of your contract), you can have a claim citing the UCC in addition to whatever other claims you might have.

The period of time for returning a vehicle with the UCC is not limitless. If you identify a flaw in your vehicle within a fair posession period, you can refuse the car. Unfortunately, brand new vehicles can be oftentimes mechanically enigmatic and you may not recognize whether your product conforms to the agreement until after you acquire the product and defects begin to develop. Essentially, if Following this posession time period you don't take back the product, you will be said to have accepted it and may have no claim through the UCC.

The duration of the review period is not specified in the statute. Local courts determine how long the fair review period is based on the consumer's proficiency and past experience, the consumer's difficulty in seeing the deficiency, and the consumer's chance to detect the failing.

In spite of this restriction, the UCC says that in certain instances where a consumer is said to have accepted products (i.e. the fair review period has elapsed), a consumer may still revoke his favorable reception of those product where the non-conformity substantially cripples the economic value of the product to him. Those cases include instances where it is arduous to find the nonconformity or the consumer was assured that the non-conformity would be remedied. In different words, the local court will relieve the consumer from not rejecting the product where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a automobile excessively fails and you have to keep bringing it back to the dealer for repair under the written warranty, the auto lemon law might be your next refuge. The flaw ought to be substantive in which it impedes your driving the vehicle or your safety. A vehicle stalling constantly would be a substantive flaw. This is precisely the type of condition that can stymie your driving and your safety. Under the auto lemon law you are not obligated to establish why the vehicle is stalling, you just have to establish that it is stalling. Thus you need to check the lemon law in these 3 situations: the vehicle keeps breaking down inside the warranty time period, the vehicle is a safety hazard, the dealership is unable to restore the vehicle when it is guaranteed.

If you own a product which is a lemon you can immediately write to the original maker and ask for another equivalent product. If this request is not acceptable to the original maker, you may start into an arbitration program. A few manufacturers have their own arbitration process. Other manufacturers utilize external arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposition, the purchaser can take the original maker to court.

Virtually all laws specify that the buyer needs to be restored back to the financial status they were in prior to purchasing the motor vehicle, less the sum that the buyer profited from by using the motor vehicle. To get the restitution amount many elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used cars may qualify under regular lemon laws. For example, a pre-owned vehicle might fall under regular lemon laws if it is less than one year old and has got less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law may be extra accommodative with the age and measure of mileage. Still, the car must be sold by a dealer that supplies a written warranty. Private party sales are not governed, neither are automobiles sold under a declared original cost. There may be other restrictions to a used car lemon law such as the proposes in which the motor vehicle is utilized or the classification of motor vehicle. Classic automobiles, are normally excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period than new car ordinances. They usually range from 30 to 90 days, based on your pre-owned car's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee system. Many lemon law lawyers assume a relatively humble retainer to address a lemon law claim, and thenceforth, the lawyer's invoices are charged to the maker. Therefore, lemon law claims are usually very low-cost to customers. The reimbursement of attorney bills differs from state to state. About half of the states allow you to recuperate your Lawyer fees if you win. The attorney's fee is based on actual time expended rather than being bound to any percentage of the recuperation. In a select few States, you will pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to place their concerns in writing and retain a copy. In all written correspondence, always delineate how taxing it is to bring the motor vehicle to the dealer for corrections and that the reliability that the consumer believed He or she was getting has been non-existent. Any written correspondence with a dealership or maker should be sent using certified postal service. In many cases the manufacturers claim that they have not had the requisite number of attempts to repair the condition. They depend on the fact that the consumer does not keep repair receipts for each occurance they have taken the vehicle into the authorized dealership. They also rely on the fact that the repair receipts have different parts fixed each instance proving that they haven't repaired the same problem. Consumers ought to reply by asking that authorized dealerships always grant them a warranty repair ticket. Consumers should also reason that these undocumented visits are tries.

Make sure to be aware of your lemon law rights. Upon purchase, immediately read your owner's binder and warranty references thoroughly, as well as the reference on lemon law rights that you should obtain when you buy your automobile. Don't depend on your dealer to outline which defects are covered by warranty. If your dealer states that a problem is not covered and you believe that he or she is purposely deceiving you, be calm but confident. Don't be frighted to produce the segment of the warranty that applies, or to call the original maker for substantiation utilizing the contact data included inside your owner's binder. You should not be obligated pay for corrections linked to lemon law complaints. It's also important to advise the original maker of a complaint promptly. If you suspect that your vehicle has a condition what just can not be remedied, check into your lemon law rights to see when you are able to file 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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