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 specify that if you purchase (and in most states, lease) a brand new or used car or other vehicle with a warranty that does not work as intended, and the original producer can't restore it in spite of duplicated tries (in a specified time limit that differs from state to state), or if the motor vehicle is out of service for a limited period of time (often 30 days) due to its shortcomings, you are eligible to a broad range of damages, including:

1. Money restitution
2. A payback of the original price
3. A new car
Additionally, nearly all the Lemon Laws (and the Federal Warranty Law) have a fee switching element which provides that if you win your lawsuit, the manufacturing business or car dealership which sold you the lemon is forced to pay litigation invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute vary, the typical state Lemon Law statute affords relief for owners with a nonfunctional vehicle sold with a warranty if:

1. The dealer or manufacturing business cannot accurately remedy a particular problem in the vehicle after a fair number of repair attempts (normally at least 3);
2. The automobile can't be used for at least 30 days due to flaws in the car; or
3. The dealership or manufacturing business cannot correct a gremlin that is a pressing safety hazard.

In general, a defective vehicle is a vehicle with a problem or condition that largely impares its function, marketability, or safety to the consumer and doesn't conform to the written warranty. Often times, the time period in which the Lemon Laws are applicable are relatively short; the problems and resultant repair efforts (or out-of-service period) usually will take place during the first two-years or 24,000 miles the owner has the car. However, a number of states have even shorter periods. Moreover, most states have notice and initiation prerequisites, such as asking the consumer to send out registered post notice to the original maker of the shortcomings and establishing the dealer an option to remedy the vehicle. Also, most states necessitate that Lemon Law cases be adjudicated through an arbitration procedure.

Generally, state Lemon Law ordinances also are applicable to leased cars and used automobiles bought whilst under the makers original warranty. A good number of state Lemon Laws also are applicable to cars other than passenger vehicles. depending upon the purchaser's home state, or the state in which the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like electronics)
There are many significant remedies available under the Lemon Laws. US Statesently, if the original maker just can't repair the automobile, the consumer may either expect the original maker to replace the motor vehicle, or make the original maker to take back the motor vehicle and return the price paid plus accompanying costs, like all bills, towing charges, repair costs, alternative transportation charges and other charges incurred by the consumer as a consequence of the flaws in the motor vehicle. Another important remedy possible under most Lemon Laws is legal fees. In many states, if you win in a Lemon Law suit, you do not have to pay any legal fees-the auto manufacturer that sold you your lemon is forced to pay for your attorneys' charges.

The defendant motor vehicle original equipment manufacturer can apply various defenses to a Lemon Law claim. The conventional statute provides that the manufacturing business is not responsible if it can establish that the problems at issue happened due to misuse, carelessness, or the alteration or tampering of a automobile by persons other than the manufacturer, its agent, or an authorized repair facility. In other words, if the consumer abuses his or her own automobile, or the flaws were caused by tampering or adjustments carried out by an unauthorized party, the manufacturer might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer goods to give consumers itemized info about warranty coverage claims. Additionally, it affects both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not call for an motor vehicle maker to furnish customers with a warranty, if a warranty is provided, the Magnuson Moss Act offers various 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 a violation of federal law, and by permitting consumers to recuperate court costs and sensible laywers' expenses.

The Magnuson Moss Act is typically relevant in a lemon lawsuit where, for some reason, a state Lemon Law claim is not applicable or otherwise disadvantageous. For instance, unlike the rather short period provided to customers inside virtually all Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed as long as the defects came about during the warranty period. Additionally, although some Lemon Laws limit their coverage to a very specific number of motor vehicles, the Magnuson Moss Act is relevant to near all consumer products. The Magnuson Moss Act might also be applicable if you bought or leased a used automobile without a manufacturing business warranty, or if the automobile is covered by a third party agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the principal foundation of law governing consumer warranties, including automobiles and other items. The UCC affords a legal avenue for customers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return merchandise that do not perform in any respect to the agreement. Essentially, if your brand new motor vehicle does not function as warranted by the original producer (your manufacturer warranty is a portion of your agreement), you can have a claim referencing the UCC in addition to whatever additional claims you may have.

The time for taking back a automobile with the UCC is not unlimited. If you observe a fault in your car inside a sensible review time period, you may take back the car. Unfortunately, brand new automobiles are typically mechanically complicated and you may not understand whether your car conforms to the agreement until long after you buy the car and defects begin to develop. In essence, if Long after this review period you don't take back the car, you will be pronounced to have o.K.ed it and will have no claim through the UCC.

The length of the inspection time period is not delineated in the statute. Courts determine how long the fair review period is based on the purchaser's proficiency and experience, the purchaser's difficulty in finding the defect, and the purchaser's chance to come upon the failing.

In spite of this limit, the UCC provides that in certain examples where a consumer is alleged to have approved of products (i.e. the fair review time period has passed), a consumer can still disclaim his approval of those goods where the non-conformity considerably impairs the economic value of the goods to him. Those examples include examples where it proves challenging to notice the nonconformity or the consumer was told that the non-conformity would be fixed. Re-stated, the local court will exempt the consumer from not having rejected the goods where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively gives out and you have to keep taking it back to the dealer for repair under the warranty, the auto lemon law might be your next refuge. The deficiency should be significant where it prohibits your driving the product or your safety. A product stalling for no reason would be a significant deficiency. This is exactly the type of problem that may diminiah your driving and your safety. Under the vehicle lemon law you are not expected to demonstrate why the automobile is stalling, you simply have to demonstrate that it is stalling. Basically you need to check the lemon law in these three instances: the automobile keeps breaking down within the warranty time period, the automobile is a safety hazard, the dealer is unable to rebuild the automobile when it is guaranteed.

If you own a motor vehicle which is a lemon you can directly write to the original producer and ask for another equivalent motor vehicle. If this request is not satisfactory to the original producer, you may enter into an arbitration program. A few manufacturing business* have their own arbitration program. Other manufacturing business* utilise external arbitration program such as Autoline by the BBB. The assessment of the arbitrators is binding on the original producer but not on the buyer. If unsatisfied with the judgment, the buyer can take the original producer to court.

Virtually all laws specify that the owner needs to be returned back to the fiscal position they were in prior to purchasing the automobile, less the amount that the owner benefited from by using the automobile. To get the compensation total many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used cars may qualify under basic lemon laws. For example, a pre-owned automobile may fall under regular lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law will be more cooperative with the age and measure of mileage. Still, the car must be sold by a dealership that provides a written warranty. Personal sales are not regulated, nor are vehicles sold under a declared original price paid. There might be other restrictions to a used car lemon law such as the functions for which the automobile is used or the categorisation of automobile. Older automobiles, are commonly excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period than brand new car laws. They oftentimes range from 30 to 90 days, based on your used automobile's mileage.
When choosing 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 pricing structure. Many lemon law lawyers need a relatively modest retainer to handle a lemon law claim, and subsequently, the attorney's invoices are sent to the original producer. In essence, lemon law claims are normally very low-cost to customers. The reimbursement of lawyer expenses differs from state to state. About one-half of the states provide for you to recuperate your Lawyer bills if you win. The attorney's fee is based upon actual time expended rather than being linked to any other percentage of the recovery. In a few States, you must pay the manufacturing business* attorney's charges if you lose.

Consumers ought to record their complaints in writing and hold a copy. In any written correspondence, always delineate how burdensome it is to bring the automobile to the car dealership for corrections and that the reliableness that the purchaser thought He was receiving has been non-existent. Any written correspondence with a dealer or original producer ought to be sent using certified mail service. In almost all cases the manufacturing business* claim that they haven't had the needed number of attempts to remedy the problem. They assume on the knowledge that the purchaser doesn't file repair tickets for each occurance they have taken the auto into the shop. They also rely on the possibility that the repair tickets have seperate parts repaired every instance demonstrating that they haven't repaired the same problem. Consumers ought to reply by expecting that dealerships always grant them a warranty repair sheet. Consumers must also indicate that these unrecorded visits are attempts.

Make sure to be mindful of your lemon law rights. Upon purchase, immediately read your owner's book and warranty information thoroughly, as well as the information concerning lemon law rights that you should receive when you choose your motor vehicle. Don't count on your dealer to tell you which defects are covered by warranty. If your dealer states that a problem is not covered and you think that he is purposely misleading you, be civil but self-asserting. Don't be scared to point out the segment of the warranty that applies, or to call the original maker for confirmation utilizing the contact information included with your owner's book. You should not be obliged pay for repairs related to lemon law complaints. It's also important to notify the original maker of a complaint as soon as possible. If you suspect that your motor vehicle has a condition which can't be repaired, check out 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.

Louisiana Cities:
Choose your City/Zipcode