Louisiana Lemon Laws

RS51:1941-1948

RS51: §1941 – Definitions

The following definitions apply when used in this Chapter:

  1. "Collateral costs" means the additional amount paid for buying a motor vehicle which includes sales tax, license fees, and registration fees and any similar governmental charges.
  2. "Consumer" means:
    • A person who pays a handsome amount to acquire a vehicle for personal, family, or household use
    • A person to whom the ownership of the car or any other vehicle is transferred
    • Who is entitled to enforce the obligations of the warranty
  3. "Dealer" is a person approved by the manufacturer for buying, selling, or exchanging new automobiles, new personal watercraft, new all-terrain vehicles, or new motor homes at retail.
  4. "Manufacturer" is a person or a firm engaged in the business of manufacturing, importing or assembling motor vehicles.
  5. "Manufacturer's express warranty" and "warranty" means the warranty expressed in writing by the manufacturer of its nonconformities and fitness for use.
  6. "Motor vehicle" any passenger motor vehicle as defined in R.S. 32:1252(13), and sold Louisiana on or after September 1, 1984. For the purposes of this Chapter, the following motor vehicles are not included:
    • Motor vehicles, except for motor homes, 10,000 GVW or above.
    • Motor vehicles used exclusively for commercial purposes.
  7. "Nonconformity" any condition that impairs the use, value and safety 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 - Manufacturer's Duty to Repair; Nonconformity

If a new motor vehicle is defective or doesn’t conform to the expressed warranty, the consumer should report the nonconformity to the manufacturer within the warranty period or during 1 year of the delivery of such vehicle to the buyer, then the manufacturer will be liable for the removal of such nonconformities inspite of 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 - Express Warranties; Time Limit to Conform

    1. Its a presumption that a reasonable number of attempts have been made to correct the nonconformity if,
      • The vehicle is out of service or is in custody of manufacturer by reason of repair for a total of 90 or more calendar days
      • The manufacturer has attempted the repairs 4 times or more, but the nonconformity still exists.
      1. Incase of motor homes, the consumer must provide a written notification to the manufacturer of the provisions identified in subsection(1) of this section.
      2. After the receipt of such notification, the manufacturer has been awarded a final attempt to correct the nonconformity. The manufacturer should respond to the consumer within 5 days of the receipt of such notification.
      3. The repairing agent has 10 days to conform the vehicle to the warranty. The time period shall be extended if the consumer authorizes such extension in writing.
    3. The court will not award a final attempt to the manufacturer, if the manufacturer fails to reply to the consumer or to perform the repairs within the time period.
  2. War, invasion, strike, fire, flood, or any natural disaster can lead to an extension in the time period of repairs.
  3. The requirements in Subsection A shall be suspended for any time during which repair services cannot be carried out 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 - Motor Vehicle Replacement or Refund

  1. If nonconformity of a motor home has not been corrected within the time periods identified in R.S. 32:1943(A)(2), or within four attempts, the consumer will be given an option of replacement motor home or refund amount, which includes the purchase price plus all collateral charges less allowance for consumer’s use.
  2. A reasonable allowance for use is the amount which is directly incurred for the use of a motor vehicle before the consumer first notifies the nonconformity to the manufacturer.
  3. as stated in Louisiana lemon laws, “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”.
  4. The consumer will be awarded, three years from the date of delivery of a motor vehicle or one year after the end of warranty period, to claim against the manufacturer and enforce conformity 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 - Transfer Of Title; Time Limitation

Incase of replacement or refund, the consumer should return the motor vehicle to the manufacturer alongwith the title certificate. The manufacturer will offer a replacement vehicle or a refund within 30 days after the consumer returns the title certificate and other document to the manufacturer.

Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1.

RS51: §1945 - Mandatory Disclosure of Nonconformity to Warranty by Sellers

    1. Incase of sale of a returned vehicle, the manufacturer should attach a certificate with the vehicle which looks like,

      "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 should also be printed on the title page of a motor vehicle.
  2. Not fulfilling the requirements of subsection (A) shall impose a fine of five hundred dollars upon the manufacturer.

Acts 1992, No. 603,§ 1.

RS51: §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 - Attorney Fees

If the judgment is in favor of a consumer, the manufacturer will be enforced to pay the attorney’s fees incurred by the consumer in the prosecution.

Acts 1985, No. 169,§ 1.

RS51: §1948 - Manufacturer's Duty to Provide Reimbursement for Temporary Replacement Vehicle; Penalties

  1. As stated in Louisiana lemon laws, “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:
    • The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.
    • 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”.
  2. The requirements of RS51: §1948 could be extended for the period of manufacturer's express warranty or for two years.
  3. if the manufacturer violates Subsection A, the consumer will be allowed to reimburse from the manufacturer for damages incurred plus reasonable attorney fees. the amount of reimbursement shall not be less than two hundred dollars. The provisions of this Section will be effective as to cars sold after January 1, 1987, and will not be in effect affected by war, work stoppages, and natural disasters.
  4. This Section is not for motor homes, personal watercraft or all-terrain vehicles offered to a manufacturer for repair.

Acts 1986, No. 1058,§ 1; Acts 1999, No. 933,§ 1; Acts 1999, No. 1048,§ 1, eff. July 9, 1999.