LA Lemon Law Statutes

Louisiana Lemon Law Qualifications

In 1984 the Louisiana Legislature enacted Louisiana's "Lemon Law." This law is located in Louisiana Revised Statutes 5:1941 et. seq.

The Louisiana lemon law covers motor vehicles, defined as:

  • Passenger motor vehicles and passenger/commercial motor vehicles (meaning any motor driven car, van, or truck required to be registered and that is used or designed to be used for transporting passengers or goods for public, private, commercial, or for - hire purposes) sold in Louisiana;
  • Personal watercraft and all - terrain vehicles that are used exclusively for personal and not commercial purposes and are sold in Louisiana and still under warranty ; or
  • The chassis and drive train of motor homes sold in Louisiana and still under warranty.
  • The lemon law appears to cover used vehicles, but does not cover motor vehicles with a 10,000 GVW or above (except for motor homes) and motor vehicles used exclusively for commercial purposes.

The manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the warranty.

Consumers Covered

The lemon law covers the following consumers:

  • The purchaser, for purposes other than resale, of a motor vehicle normally used for personal, family or household purposes and subject to a manufacturer's express warranty;
  • A per son to whom the new motor vehicle is transferred for purposes other than resale and for personal, family or household purposes during the duration of an express warranty applicable to the motor vehicle;
  • A person to who m a motor vehicle is leased; or
  • Any other person entitled to enforce the warranty.

Manufacturer's Duty To Repurchase Or Replace A Vehicle

The manufacturer must repurchase or replace a motor vehicle (other than a motor home) if either of the following occurs:

  • The nonconformity is not repaired after four or more attempts within the warranty term or within one year of the vehicle's original deli very to the consumer, whichever is earlier, or
  • The vehicle is out of service by reason of repair for cumulative total of 90 or more calendar days during the warranty period.

The manufacturer must replace or repurchase a motor home if it is unable to repair a nonconformity as provided in the provision creating the presumption for motor homes.

Reasonable Number Of Repair Attempts

The manufacturer must repurchase or replace a motor vehicle (other than a motor home) if either of the following occurs:

  • The nonconformity is not repaired after four or more attempts within the warranty term or within one year of the vehicle's original delivery to the consumer, whichever is earlier, or
  • The vehicle is out of service by reason of repair for cumulative total of 90 or mo re calendar days during the warranty period.

Note that the lemon law also provides for a presumption that a reasonable number of attempts has been undertaken to conform a motor vehicle (other than a motor home) to the applicable express warranties if, before the expiration of the warranty or during a period of one year following the date of the motor vehicle's original delivery to a consumer, whichever is earlier, either of the following occurs:

  • The same nonconformity is subject to repair four or more times by the manufacturer, its agent or authorized dealer; or
  • The vehicle is out of service by reason of repair for a cumulative total of 45 or more calendar days.

Louisiana Arbitration Requirements

If the manufacturer has established an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure.

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