Louisiana Lemon Law Firms and the Louisiana lemon law code.

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 provide that if you purchase (and in most states, lease) a new or used vehicle or other car covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturing business just can't restore it despite recurrent efforts (within a stipulated time that fluctuates from state to state), or if the motor vehicle is in the shop for a set time period (generally 30 days) due to its faults, you are qualified to a wide range of dismantles, including:

1. Monetary damage settlements
2. A return of the original price
3. A brand new car
Moreover, virtually all of the Lemon Laws (and the Federal Warranty Law) feature a fee switching element that says that if you win your case, the manufacturing business or car dealership which sold you your lemon is required to repay you for attorneys' bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute vary, the conventional state Lemon Law statute provides assistance for buyers with a malfunctioning vehicle sold with a warranty if:

1. The dealer or manufacturing business just can not rightly remedy a specific fault in the car after a fair number of repair tries (typically at least 3);
2. The vehicle cannot be used for at least 30 days due to flaws in the motor vehicle; or
3. The dealer or manufacturing business cannot correct a flaw that is a dangerous safety hazard.

More often than not, a bad automobile is a automobile with a problem or affliction that substantially cripples its drivability, marketability, or safety to the consumer and does not conform to the warranty. In most instances, the period during which the Lemon Laws apply are relatively short; the troubles and consequential repair attempts (or out-of-service period) occasionally must happen during the first 2-years or 24,000 miles the owner has the car. However, a number of states have even shorter periods. Also, many states have notification and activation prerequisites, such as wanting the consumer to send off registered mail notice to the maker of the defects and giving the dealer a period to remedy the motor vehicle. Furthermore, some states expect that Lemon Law claims be adjudicated through an arbitration system.

Generally, state Lemon Law regulation codes also apply to leased cars and used automobiles bought whilst under the manufacturing business* basic warranty. A number of state Lemon Laws also apply to automobiles other than passenger cars. based on the consumer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (such as computers)
There are many significant solutions available under the Lemon Laws. Statesently, if the maker cannot correct the motor vehicle, the consumer can either call for the maker to replace the automobile, or obligate the 'last to reposess the vehicle and refund the original cost together with accompanying damages, including all bills, towing costs, repair charges, alternative travel costs and other costs incurred by the consumer as a result of the defects in the vehicle. Another important relief possible under most Lemon Laws is litigation expenses. In many states, if you win in a Lemon Law suit, you will not have to pay any legal bills-the motor vehicle original maker that sold you your lemon is expected to pay legal invoices.

The defendant auto original producer can use many defenses to a Lemon Law claim. The standard regulation extends that the original maker is not guilty if it can prove that the troubles at issue came about because of abuse, forget about, or the modification or alteration of a automobile by persons other than the original equipment manufacturer, an agent, or an authorized repair facility. Put differently, if the consumer abuses his or her own automobile, or the defects were the fault of modifications or adjustments conducted by an unauthorized party, the original equipment manufacturer might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer products to give customers comprehensive facts about warranty coverage benefits. Additionally, it determines both the rights of public consumers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't call for an auto original equipment manufacturer to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords many protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting customers to recoup litigation costs and fair attorney's fees.

The Magnuson Moss Act is often applicable in a lemon suit in which, for some reason, a state Lemon Law claim is not applicable or furthermore unfavorable. For example, contrary to the generally short cycle offered to purchasers inside most Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired as long as the defects occurred during the warranty period. Moreover, although a few Lemon Laws restrict their coverage benefits to a very specific offering of cars, the Magnuson Moss Act is relevant to almost all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all states. It is the prime agent of law governing contracts dealing with the sale of products, including vehicles and other items. The UCC offers a legal route for customers with lemon problems.

UCC code says that the consumer of a good is entitled to return merchandise that break in any way to the consumer warranty. Fundamentally, if your recently purchased automobile doesn't operate as guaranteed by the maker (your manufacturer warranty is part of your agreement), you may file a claim referencing the UCC in addition to whatever additional claims you might have.

The period of time for taking back a automobile with the UCC is not limitless. If you come upon a deficiency in your automobile within a reasonable posession period, you can reject the automobile. Unfortunately, new motor vehicles can be oftentimes technically complex and you may not understand if your automobile conforms to the agreement until after you buy the automobile and defects start to arise. Fundamentally, if Long after this posession time period you don't take back the automobile, you will be pronounced to have approved of it and will have no claim through the UCC.

The length of the review period is not delineated in the statute. The Courts determine how long the fair review period is based on the purchaser's proficiency and personal experience, the purchaser's trouble in revealing the defect, and the purchaser's opportunity to detect the problem.

In spite of this limit, the UCC stipulates that in certain cases where a buyer is said to have accepted goods (i.e. the fair review time has elapsed), a buyer can still renounce his approval of those product where the non-conformity substantially cripples the value of the product to him. Those examples include circumstances in which it is hard to discover the nonconformity or the buyer was promised that the non-conformity would be fixed. Re-stated, the court will excuse the buyer from not rejecting the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks down and you have to keep bringing it back to the dealership for repair under the written warranty, the motor vehicle lemon law may be your next recourse. The fault ought to be substantial in which it prohibits your driving the motor vehicle or your safety. A motor vehicle stalling often is a substantial fault. This is exactly the type of defect that may stymie your driving and your safety. Under the car lemon law you are not expected to prove why the motor vehicle is stalling, you merely have to prove that it is stalling. Put simply you need to check the lemon law in these 3 cases: the motor vehicle keeps failing inside the warranty period, the motor vehicle is a safety hazard, the dealer is not able to correct the motor vehicle when it is guaranteed.

If you have a car which is a lemon you can directly write to the manufacturing business and ask for another equivalent car. If this request is not acceptable to the manufacturing business, you may enter into an arbitration process. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* use external arbitration program including Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the manufacturing business but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the manufacturing business to court.

Virtually all laws state that the customer ought to be restored back to the fiscal status they were in prior to purchasing the vehicle, less the amount that the customer benefited from by using the vehicle. To get the repayment sum many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned motor vehicles may qualify under normal lemon laws. For example, a pre-owned motor vehicle may fall under regular lemon laws if it is less than a year old and has fewer than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law might be additionally accommodative with the age and measure of mileage. Still, the car must be sold by a dealer that provides a warranty. Private party sales aren't governed, neither are motor vehicles sold under a certain price paid. There might be additional restrictions to a used car lemon law such as the purposes for which the vehicle is utilized or the categorisation of vehicle. Older automobiles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than new car regulations. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the fee system. Many lemon law lawyers take a rather modest retainer to manage a lemon law claim, and afterward, the lawyer's invoices are billed to the maker. Essentially, lemon law claims are ordinarily very inexpensive to consumers. The reimbursement of lawyer bills differs from state to state. About one-half of the states allow you to recuperate your Lawyer invoices if you win. The lawyer's fee is based upon actual time spent rather than being attached to any percent of the recovery. In many States, you will pay the manufacturer's attorney's fees if you lose.

Consumers ought to register their complaints in writing and keep a copy. In all written correspondence, always explain how problematic it is to take the car to the car dealership for work and that the dependability that the buyer believed He was acquiring has been non-existent. Any written correspondence with a dealership or maker should be sent using certified mail. In almost all instances the manufacturing business* claim that they have not had the requisite number of efforts to repair the defect. They rely on the knowledge that the buyer does not have repair orders for each time they have taken the car into the shop. They also assume on the fact that the repair orders have different things repaired each period evidencing that they haven't fixed the same defect. Consumers ought to reply by expecting that authorized dealerships always send them a warranty repair sheet. Consumers should also argue that these unrecorded visits are efforts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's folder and warranty information completely, as well as the reference concerning lemon law rights which you ought to obtain when you purchase your motor vehicle. Don't depend on your car dealership to teach you what troubles are covered by warranty. If your car dealership states that a defect isn't covered and you believe that he is purposely deceiving you, be polite but self-assertive. Don't be scared to point out the segment of the warranty that applies, or to call the original equipment manufacturer for confirmation utilizing the contact information included in your owner's folder. You should not be obliged pay for work related to lemon law complaints. It's also important to notify the original equipment manufacturer of a complaint straightaway. If you are suspicious that your vehicle has a condition what can't be remedied, look into 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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