Lemon Law - Louisiana
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
(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.
