Auto Lemon Law Louisiana

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    Licensed Jurisdictions

    • United States Supreme Court
    • All State Courts in Louisiana
    • Louisiana Supreme Court
    • U.S. Court of Appeals, 5th Circuit

    Frequently Asked Questions

    In some limited instances, the manufacturer may repurchase the vehicle. In most cases, a cash award will be the remedy.  Typically [80%] recovery is anywhere 5% to 15% of the purchase price. The range depends on the number of repairs, nature of the repairs. mileage on the vehicle and days out of service. In some instances, the damages will exceed 15% due to the extent of the defect, circumstances and days out of service.

    The law provides that if the buyer proves a manufacturing defect with vehicle that the manufacturer is liable for the buyers’ attorney fees. Part of our investigation and evaluation process is to identify manufacturing defects. When we proceed, we are confident we can prove a manufacturing defect. Thus, we seek our attorney fees from the manufacturer. If a settlement can be reached, the fees will be part of the settlement agreement. If the case goes to trial, the fees will be part of a verdict or order. Either way, you are not required to pre-pay fees, pay a retainer or pay fees in the event we fail to make a recovery on your behalf.

    Louisiana laws that address motor vehicle warranties include: La.R.S. 51:1941, et seq. (“Louisiana Lemon Law”), La.C.C.Art. 2520, et seq. (Redhibition), 15 U.S.C. 2301, et seq. (“Magnuson-Moss Warranty Act”), Article 2 of the Uniform Commercial Code and La.R.S. 51:1401, et seq. (Louisiana Unfair Trade Practices Act).

    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 forty-five 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.

    “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.”

    The seller warrants the buyer against redhibitory defects, or vices, in the thing sold. A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale. A defect is redhibitory also when, without rendering the thing totally useless, it diminishes its usefulness or its value so that it must be presumed that a buyer would still have bought it but for a lesser price. The existence of such a defect limits the right of a buyer to a reduction of the price. NOTE: There are no minimum number of repairs nor is their a minimum number of days out of service. Redhibition simply requires that the vehicle possess a defect at the time of sale that rendered it useless or so inconvenient a reasonable buyer would not have bought the vehicle. 

    The Magnuson–Moss Warranty Act is a United States federal law (15 U.S.C. § 2301 et seq.) that governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold “as is”), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner and provides consumers with remedies for violation of express and implied warranties.

    Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of the use or employment by another person of an unfair or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring an action individually but not in a representative capacity to recover actual damages. If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general, the court shall award three times the actual damages sustained. In the event that damages are awarded under this Section, the court shall award to the person bringing such action reasonable attorney fees and costs. Upon a finding by the court that an action under this Section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney fees and costs.

    Why You Should Auto Lemon Lawyer

    This is what we do! Mr. Duck has over 28 years of litigation experience in the field of consumer law and has successfully represented thousands of motor vehicle owners and collected millions of dollars in damages from automobile manufacturers as a result of the “LEMONS” his clients purchased.

    We Listen

    • Listen to your story
    • Handle your case personally
    • Return your calls
    • Be committed to your case
    • Inform and advise you about the law as it relates to your case so you can make informed decisions

    We’re Diligent

    • Properly evaluate and research your case
    • Tell you the “Good, Bad, and Ugly” about your case
    • Represent you with integrity
    • Fight for you
    • Spend the time, money, and effort it takes to obtain the best result
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    Cash Settlements

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    Satisfied Clients

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    Winning Awards

    What Our Clients Have to Say

    • Duck Law Firm represented me when my brand new vehicle left me stranded on four occasions. The car company would not let me out of my lease or replace my car. It was clearly a lemon! Duck Law Firm was able to get all the money I paid, including my insurance refunded. If you have any issues with your vehicle, I highly recommend Kevin Duck and the Duck Law Firm.

      Lisa Duhon Avatar Lisa Duhon
      February 11, 2023

      It took me almost a full year to find an attorney that was willing to help us. Duck Law Firm set my expectations from the beginning and they delivered perfectly. I was never left out of the loop, they return calls/emails very promptly and the end result was exactly what they told me to expect.

      Brayden Firmin Avatar Brayden Firmin
      July 11, 2022

      Awesome This Law Firm Got The Job Done

      Jamie Rodrigue Avatar Jamie Rodrigue
      July 11, 2022
    • Duck Law Firm went above and beyond to help us, we ended up with a settlement that was beyond our expectations. They did things in our case that we didn’t even ask them to do. Their fees were more than fair and we would highly recommend them!

      Tammy Smith Avatar Tammy Smith
      July 11, 2022

      Great job happy with the results.I highly recommend Duck Law Firm.

      Trey Sibley Avatar Trey Sibley
      July 11, 2022

      Such great people! So professional and courteous. They get problems solved! Mr. Kevin and Vicki are a delight to work with! Highly recommended!

      Brennan C Avatar Brennan C
      July 11, 2022
    • The experience from start to finish was both pleasant and professional. The gentleman who I communicated with kept me updated on every detail of my case and ALWAYS returned my calls when promised. My case was completed in a very timely and effective manner. I am recommending Duck Law Firm to All who are experiencing problems related to the Lemon Law. Thanks Mr. Duck and Associates!

      Ulysses Frank Avatar Ulysses Frank
      July 11, 2022

      Duck Law Firm helped me receive money back that I didn't know I was entitled to! When my car had to be kept at the dealership due to transmissions issues, Lemon Lawyer made sure I was taken care of financially.

      Ainsley Messina Avatar Ainsley Messina
      February 11, 2023

      Gracias a la abogada .isaballa y asistente angela obtuve una buena recompensa por mi accidente les puedo asegurar que ella lucharan por usted 100%recomendable

      tu angelito.soyyo R. Avatar tu angelito.soyyo R.
      July 11, 2022

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