Louisiana
Lemon Law
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Note: The following
information was excerpted from a brochure
provided by the Louisiana State Bar
Association.
This brochure, prepared by the Member
Services Committee of the Louisiana
State Bar Association, is issued to
inform and provide general information,
not to advise. If you have a specific
legal problem, you should not try
to apply or interpret the law without
the aid of a trained expert who knows
the fact, because the facts may change
the application of the law.
In 1984 the Louisiana
Legislature enacted Louisiana's "Lemon
Law." This law is located in
Louisiana Revised Statutes 5:1941
et. seq.
Under this law a
consumer who purchases or leases a
new motor vehicle for personal, family
or household purposes has certain
remedies against the manufacturer
and seller of the automobile if the
vehicle does not conform to an applicable
express warranty.
To benefit from this
law you must:
Report the nonconformity
to the manufacturer or any of its
authorized motor vehicle dealers;
Make 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 you,
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 the warranty.
Refund Entitlement
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 of the
motor vehicle to you, whichever is
earlier, the nonconformity has not
been repaired or if the vehicle is
out of service by reason of repair
for a cumulative total of 30 or more
days during the warranty period, the
manufacturer shall do one of two things:
Replace the motor
vehicle with a comparable new motor
vehicle, or, at its option;
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.
Reasonable Allowance
For Use
According to the statute, a reasonable
allowance for use shall be that directly
attributable to use by the consumer
prior to the first notice of nonconformity
to the manufacturer, agent or dealer
and during any subsequent period where
the vehicle is not out of service
by reason of repair.
Manufacturer's Refusal
To Replace Or Refund
If the manufacturer refuses to replace
the vehicle or refund the money, first
determine if the manufacturer has
established an informal dispute settlement
procedure. If so, you must follow
that procedure before the Lemon Law
will apply.
Consult your attorney
to be sure you do not waive any of
your rights.
Attorney's Fees Entitlement
The statute provides that, if you
comply with the requirements of the
Lemon Law and you are successful,
you are entitled to reasonable attorney's
fees actually incurred.
Time Limit For New Vehicle Refund
If you win the case, you must return
the nonconforming vehicle and the
certificate of title to the manufacturer,
who then has 30 days to replace the
vehicle or refund your money.
If you win after
a decision by the informal dispute
settlement procedure, the manufacturer
has 30 days after the decision to
replace or refund.
Always consult an
attorney to make certain of your particular
rights and remedies under the law
