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.

Although it varies from state to state, the Lemon Laws provide that if you acquire (and in many states, lease) a new or pre-owned vehicle or other vehicle covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturing business cannot repair it despite duplicated tries (in a limited time that varies from state to state), or if the car is not drivable for a set time (usually 30 days) due to its flaws, you are eligible to a wide number of damage settlements, inclusive of:

1. Monetary restitution
2. A restitution of the original price
3. A new vehicle
In addition, almost all of the Lemon Laws (and the Federal Warranty Law) feature a fee transferring mechanism which stipulates that if you win your suit, the manufacturing business or car dealership that sold you the lemon is required to repay legal fees.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute vary, the common state Lemon Law statute affords remedy for owners with a broken-down automobile sold with a warranty if:

1. The dealership or manufacturing business cannot genuinely remedy a particular defect in the motor vehicle after a sensible number of repair efforts (normally at least three);
2. The motor vehicle cannot be used for at least 30 days due to flaws in the automobile; or
3. The dealership or manufacturing business can't remedy a defect that is a serious safety hazard.

Typically, a faulty automobile is a automobile with a condition or trouble that often cripples its function, marketability, or safety to the consumer and does not comply with the written warranty. Frequently, the time period in which the Lemon Laws are applicable are relatively short; the defects and consequential repair efforts (or out-of-service time period) generally will occur during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter time periods. Additionally, almost all states have notification and initiation prerequisites, such as requiring the consumer to give registered post notice to the maker of the defects and establishing the car dealership a chance to remedy the automobile. Also, some states require that Lemon Law claims be solved through an arbitration procedure.

Generally, state Lemon Law regulations also apply to leased cars and used cars purchased while under the makers original warranty. A number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending upon the buyer's state of residence, or the state where the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (such as computers)
There are a number of effective solutions available under the Lemon Laws. States most instances, if the maker cannot repair the automobile, the consumer may either expect the maker to replace the motor vehicle, or insist the maker to reposess the motor vehicle and repay the original price paid together with accompanying damages, such as all fees, towing costs, repair charges, related travel costs and other charges incurred by the consumer as a consequence of the shortcomings in the motor vehicle. Another important remedy possible under most Lemon Laws is attorneys' fees. In almost all states, if you win in a Lemon Law lawsuit, you won't have to pay any laywers' bills-the motor vehicle maker that sold you your lemon is expected to pay your legal expenses.

The defendant car original maker can employ several defenses to a Lemon Law claim. The conventional statute extends that the manufacturing business is not liable if it can show clearly that the troubles in dispute came about because of misuse, forget about, or the alteration or modification of a vehicle by persons other than the original maker, an agent, or an authorized repair facility. In different words, if the consumer damages his or her own automobile, or the troubles were caused by modifications or changes executed by an unauthorized person, the original maker might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer goods to provide customers detailed data about warranty coverage. Also, it infects both the rights of customers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act does not require an car original maker to supply consumers with a warranty, if a warranty is offered, the Magnuson Moss Act offers some protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recover litigation charges and sensible laywers' fees.

The Magnuson Moss Act is often applicable in a lemon case in which, for some reason, a state Lemon Law claim is not available or otherwise unfit. For example, divaricate from the relatively short period offered to purchasers inside virtually all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired as long as the defects occured during the warranty time period. Furthermore, although some Lemon Laws restrict their coverage to a narrow offering of automobiles, the Magnuson Moss Act is relevant to virtually all consumer products. The Magnuson Moss Act might also apply if you purchased or leased a used automobile without a manufacturer's warranty, or if the vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the primary foundation of law governing consumer warranties, including motor vehicles and other items. The UCC provides an alternative legal course for customers with lemon troubles.

UCC code states that the buyer of a product is entitled to return products which fail in any feature to the warranty. Thus, if your brand new automobile does not operate as pledged by the original equipment manufacturer (your original warranty is part of your consumer agreement), you can file a claim citing the UCC in addition to whatever additional claims you might have.

The time period for returning a motor vehicle with the UCC is not unlimited. If you detect a gremlin in your automobile inside a reasonable ownership time period, you may reject the motor vehicle. Unfortunately, new vehicles are frequently mechanically complicated and you may not acknowledge whether your item conforms to the agreement until long after you acquire the item and problems begin to come up. Fundamentally, if After this ownership time period you do not refuse the item, you will be deemed to have accepted it and might have no claim through the UCC.

The length of the review time period is not specified in the regulation. The Courts decide how long the sensible review period is based on the purchaser's understanding and experience, the purchaser's difficulty in exposing the gremlin, and the purchaser's chance to expose the flaw.

In spite of this limit, the UCC provides that in certain cases where a purchaser is stated to have approved of products (i.e. the sensible review time has passed), a purchaser can still repeal his acceptance of those products where the non-conformity largely impares the economic value of the products to him. Those cases include lawsuits where it proves challenging to identify the nonconformity or the purchaser was assured that the non-conformity would be repaired. In different words, the court will relieve the purchaser from not rejecting the products where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively gives out and you have to keep taking it back to the car dealership for repair under the warranty, the auto lemon law can be your next recourse. The defect should be significant in which it hampers your driving the car or your safety. A car stalling frequently is a significant defect. This is precisely the type of condition that may hamper your driving and your safety. Under the car lemon law you are not expected to indicate why the auto is stalling, you simply have to show clearly that it is stalling. In essence you need to check out the lemon law in these 3 instances: the auto keeps dying within the warranty period, the auto is a safety hazard, the car dealership is not able to correct the auto when it is warranted.

If you have a vehicle which is a lemon you can directly write to the manufacturing business and ask for another equivalent vehicle. If this request is not acceptable to the manufacturing business, you could move into an arbitration process. A few manufacturing business* incorporate their own arbitration program. Other manufacturing business* utilise external arbitration program including Autoline by the BBB. The assessment of the arbitrators is binding on the manufacturing business but not on the buyer. If unsatisfied with the opinion, the buyer can take the manufacturing business to court.

Virtually all ordinances stipulate that the buyer ought to be restored back to the financial status they were in prior to purchasing the motor vehicle, less the amount of money that the buyer profited from by using the motor vehicle. To get the payback amount numerous elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned automobiles may qualify under normal lemon laws. For example, a pre-owned auto may fall under regular 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 pre-owned auto lemon law might be extra generous with the age and amount of mileage. Still, the auto needs to be sold by a dealership that supplies a warranty. Private sales aren't governed, neither are vehicles sold under a declared price paid. There might be additional restrictions to a used car lemon law such as the proposes in which the motor vehicle is pre-owned or the categorisation of motor vehicle. Older cars, are normally excluded from pre-owned auto lemon laws. Used auto lemon laws commonly cover a much shorter time period than new auto regulations. They frequently range from 30 to 90 days, based on your used vehicle's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the pricing structure. Many lemon law attorneys call for a rather humble retainer to cover a lemon law claim, and thenceforth, the lawyer's fees are billed to the original producer. Fundamentally, lemon law claims are commonly very inexpensive to consumers. The reimbursement of lawyer bills varies from state to state. About half of the states allow you to recoup your Attorney charges if you win. The attorney's fee is based upon actual time logged rather than being attached to any other percent of the recovery. In a few States, you have to pay the manufacturing business* attorney's fees if you lose.

Consumers should put their charges in writing and keep a copy. In all written communication, always delineate how difficult it is to take the auto to the car dealership for work and that the dependability that the buyer believed He was acquiring has been non-existent. Any written communication with a car dealership or original producer ought to be sent using certified postal service. In virtually all suits the manufacturing business* claim that they haven't had the essential number of tries to remedy the problem. They count on the knowledge that the buyer doesn't file repair tickets for each instance they have taken the vehicle into the authorized dealership. They also count on the possibility that the repair tickets have different parts repaired every occurance proving that they have not repaired the same problem. Consumers ought to reply by expecting that dealers always hand them a warranty repair sheet. Consumers should also indicate that these unrecorded visits are efforts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's book and warranty info entirely, along with the facts with respect to lemon law rights which you should obtain when you acquire your vehicle. Don't rely on your dealership to tell you what troubles are covered by warranty. If your dealership states that a problem isn't covered and you believe that he is purposely deceiving you, be genteel but self-asserting. Don't be frighted to bring out the section of the warranty that is relevant, or to call the original equipment manufacturer for confirmation utilizing the contact info included in your owner's book. You should not be obliged pay for repairs associated to lemon law complaints. It's also important to advise the original equipment manufacturer of a complaint promptly. If you believe that your motor vehicle has a defect that can't be repaired, go over 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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