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.

In essence, the Lemon Laws state that if you acquire (and in various states, lease) a brand new or pre-owned car or other vehicle under warranty that does not work consistently, and the original equipment manufacturer just can not repair it in spite of recurring efforts (within a specified time limit that fluctuates from state to state), or if the automobile is not usable for a defined time period (typically 30 days) due to its troubles, you are qualified to a broad range of maltreats, inclusive of:

1. Monetary damages
2. A refund of the cost
3. A new vehicle
Moreover, nearly all the Lemon Laws (as well as the Federal Warranty Law) contain a fee changing element that states that if you win your lawsuit, the manufacturer or car dealership that sold you the lemon is forced to pay your litigation expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the protections of each state's statute are different, the general state Lemon Law statute provides assistance for consumers with a imperfect vehicle sold with a warranty if:

1. The dealership or manufacturing business just can't indisputably correct a particular fault in the product after a reasonable number of repair tries (generally at least three);
2. The automobile cannot be driven for at least 30 days due to defects in the vehicle; or
3. The dealership or manufacturing business just can not repair a problem that is a urgent safety risk.

Most of the time, a defective automobile is a automobile with a defect or condition that often impares its function, economic value, or safety to the consumer and does not conform to the written warranty. Frequently, the time period in which the Lemon Laws apply are relatively short; the shortcomings and subsequent repair attempts (or out-of-service period of time) usually will happen during the first two-years or 24,000 miles the owner has the car. However, a number of states have even shorter time periods. Additionally, most states have notification and activation prerequisites, such as asking the consumer to send off registered mail notice to the manufacturing business of the faults and giving the dealer an option to repair the motor vehicle. In addition, several states expect that Lemon Law lawsuits be settled through an arbitration process.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned cars bought while under the makers basic warranty. A good number of state Lemon Laws also apply to cars other than passenger automobiles. depending upon the purchaser's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (such as computers)
There are many powerful resolutions possible under the Lemon Laws. U.S. statesently, if the manufacturing business just can't repair the car, the consumer can either require the manufacturing business to replace the car, or demand the manufacturing business to take the car and repay the original price paid plus incidental damages, including all invoices, towing charges, repair costs, associated travel charges and other damages incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important solution available under most Lemon Laws is attorneys' fees. In most states, if you prevail in a Lemon Law suit, you won't have to pay any laywers' charges-the auto original producer that sold you your lemon is required to pay your attorneys' fees.

The defendant motor vehicle manufacturing business can apply several defenses to a Lemon Law claim. The standard regulation provides that the manufacturer is not guilty if it can demonstrate that the faults in dispute happened due to maltreatment, neglect, or the tampering or alteration of a car by a party other than the original maker, its agent, or its authorized dealer. Restated, if the consumer breaks his or her own car, or the defects were a consequence of changing or alterations performed by an unauthorized party, the original maker may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer products to provide consumers with comprehensive facts about warranty coverage claims. Additionally, it infects both the rights of customers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an vehicle original producer to supply buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act offers some protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for violating the warranty by making breach of warranty a violation of federal law, and by allowing for customers to recover litigation costs and fair attorneys' charges.

The Magnuson Moss Act is often effective in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For example, unlike the generally short time offered to consumers with most Lemon Laws, you may 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. In addition, although some Lemon Laws limit their coverage to a small list of automobiles, the Magnuson Moss Act applies to near all consumer products. 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 third party contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the prime authority of law governing warranties on consumer goods, including vehicles and other items. The UCC affords a legal route for consumers with lemon troubles.

UCC code states that the purchaser of a good is entitled to return product which fail in any respect to the warranty. Therefore, if your brand new automobile doesn't operate as bound by the original maker (your original warranty is part of your agreement), you can have a claim referencing the UCC in addition to any additional claims you may have.

The time period for returning a car with the UCC is not limitless. If you discover a gremlin in your vehicle within a reasonable inspection time period, you can refuse the vehicle. Unfortunately, brand new automobiles are frequently mechanically enigmatic and you might not understand if your item conforms to the consumer warranty till after you acquire the item and troubles start to develop. Therefore, if Long after this inspection period you don't reject the item, you will be pronounced to have approved of it and may have no claim through the UCC.

The duration of the inspection period is not defined in the regulation. The Courts decide how long the reasonable review period is based on the buyer's proficiency and personal experience, the buyer's difficulty in identifying the defect, and the buyer's chance to observe the flaw.

In spite of this restriction, the UCC states that in certain cases where a purchaser is pronounced to have accepted goods (i.e. the reasonable review period has passed), a purchaser may still abrogate his acceptation of those goods where the non-conformity considerably impairs the value of the goods to him. Those instances include suits in which it proves arduous to notice the nonconformity or the purchaser was guaranteed that the non-conformity would be remedied. Re-stated, the court will exempt the purchaser from not having rejected the goods where the purchaser could not have sensibly 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 taking it back to the dealer for repair under the warranty, the automobile lemon law might be your next recourse. The failing must be substantial where it prohibits your driving the automobile or your safety. A automobile stalling constantly would be a substantial failing. This is precisely the type of problem that can diminiah your driving and your safety. Under the automobile lemon law you are not obligated to show why the motor vehicle is stalling, you merely have to show clearly that it is stalling. Put simply you need to look into the lemon law in these three situations: the motor vehicle keeps breaking within the warranty time period, the motor vehicle is a safety hazard, the dealer is unable to recondition the motor vehicle when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the original producer and ask for another equivalent vehicle. If this demand is not satisfactory to the original producer, you could move into an arbitration arrangement. A few manufacturers incorporate their own arbitration process. Other manufacturers have external arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the original producer to court.

Virtually all regulations state that the customer needs to be returned back to the financial position they were in before they purchased the car, less the measure that the customer benefited from by using the car. To get the refund sum several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used vehicles may qualify under basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be more generous with the age and measure of mileage. Still, the car has to be sold by a car dealership that extends a warranty. Personal sales aren't regulated, neither are vehicles sold under a specific purchase price. There could be other restrictions to a used car lemon law such as the functions in which the car is driven or the categorization of car. Classic motor vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than new car laws. They oftentimes range from 30 to 90 days, depending on your used car's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the fee structure. Many lemon law attorneys need a relatively minor retainer to manage a lemon law claim, and thereafter, the attorney's fees are charged to the original equipment manufacturer. Therefore, lemon law claims are typically very affordable to customers. The reimbursement of attorney expenses varies from state to state. About one-half of the states permit you to recoup your Attorney bills if you win. The lawyer's fee is based on actual time spent rather than being connected to any other share of the recovery. In some States, you will pay the manufacturing business* attorney's invoices if you lose.

Consumers should record their complaints in writing and retain a copy. In any written communication, always make clear how difficult it is to return the motor vehicle to the car dealership for repairs and that the reliability that the customer thought He was acquiring has been non-existent. Any written communication with a dealer or original equipment manufacturer should be sent using certified post. In virtually all instances the manufacturers claim that they haven't had the needed number of endeavors to repair the problem. They depend on the knowledge that the customer doesn't file repair sheets for each instance they have driven the vehicle into the dealership. They also assume on the possibility that the repair sheets have seperate items repaired every instance proving that they haven't fixed the same problem. Consumers should reply by asking that dealers always grant them a warranty repair order. Consumers should also contend that these unrecorded trips are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately page through your owner's folder and warranty references completely, and the reference with respect to lemon law rights that you ought to receive when you buy your car. Don't bet on your car dealership to teach you which problems are covered by warranty. If your car dealership states that a problem isn't covered and you think that he is misleading you, be genteel but self-asserting. Don't be afraid to produce the section of the warranty that applies, or to call the manufacturing business for verification utilizing the contact data included inside your owner's folder. You should not be obliged pay for repairs connected to lemon law complaints. It's also crucial to advise the manufacturing business of a complaint as soon as possible. If you think that your car has a defect that just can not be fixed, check 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.

Louisiana Cities:
Choose your City/Zipcode