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Louisiana Lemon Law
Lemon Freedom is pleased
to help Louisiana residents get rid of their lemons. On this page we
have our local attorney information listed, along with the
actual Louisiana Lemon Law statute. We can begin representing
you right away, just click the "Free Case Evaluation" button,
and tell us what is wrong with your car.
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Krukas &
Arbelaez
Norton Arbelaez,
Esq.
5215 Magazine
St., Suite B
New Orleans,
LA 70115
1(877) 50-LEMON
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Louisiana Lemon Law
RS51:1941 §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. (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, market value or both of a motor
vehicle.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1999,
No. 933,§ 1; Acts 1999, No. 1048,§ 1, eff. July 9, 1999.
RS51:1942 §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.
Acts 1984, No. 228,§ 1.
RS51:1943 §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 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. (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. (3) 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.
Acts 1984, No. 228,§ 1; Acts 1999, No. 933,§ 1.
RS51:1944 §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.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1995,
No. 1136,§ 1; Acts 1999, No. 933,§ 1.
RS51:1945 §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.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1.
RS51:1945 §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." (2) 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. Acts 1992,
No. 603,§ 1.
RS51:1946 §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.
Acts 1984, No. 228,§ 1.
RS51:1947 §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.
Acts 1985, No. 169,§ 1.
RS51:1948 §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.
Acts 1986, No. 1058,§ 1; Acts 1999, No. 933,§ 1; Acts 1999,
No. 1048,§ 1, eff. July 9, 1999.
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