Purchasing a new vehicle should be an exciting and stress-free experience. However, when your vehicle doesn’t live up to its promised quality and reliability, Louisiana’s Lemon Law can help protect your rights as a consumer. This article will break down everything you need to know about Louisiana Lemon Law, from your rights as a buyer to how to seek compensation.
What Is Louisiana’s Lemon Law?
The Louisiana Lemon Law (La. R.S. 51:1941-1948) is designed to protect consumers who purchase or lease new vehicles with defects that significantly affect their use, value, or safety. If a new vehicle fails to conform to the manufacturer’s express warranty and cannot be repaired after multiple attempts, the law ensures that consumers are entitled to a refund or a replacement vehicle. This applies to passenger vehicles, motorhomes, all-terrain vehicles, and personal watercraft, provided the vehicle is not used for commercial purposes.
Who Qualifies for Lemon Law Protections?
Under La. R.S. 51:1941, a consumer includes the original purchaser, anyone to whom the vehicle is transferred during the warranty period, and those who lease the vehicle for personal, family, or household use. The protections apply only to vehicles covered by the manufacturer’s express warranty, which guarantees the vehicle’s condition and fitness for use.
When Is a Vehicle Considered a Lemon?
Louisiana law (La. R.S. 51:1943) states that a vehicle is presumed to be a lemon if, after a reasonable number of attempts to repair the defect:
- The same defect has been repaired four or more times, and the problem still persists; or
- The vehicle has been out of service for repairs for 45 days or more during the warranty period.
For motorhomes, the law allows for 90 days out of service before the vehicle is deemed a lemon. These thresholds ensure that consumers are protected if the manufacturer fails to meet its obligations.
What Are Your Options?
If your vehicle is determined to be a lemon, Louisiana Lemon Law provides two main remedies (La. R.S. 51:1944):
- Replacement: The manufacturer must replace the vehicle with a comparable new one.
- Refund: The manufacturer must refund the full purchase price, including collateral costs like sales tax, registration fees, and any other related charges, minus a reasonable allowance for the consumer’s use of the vehicle.
For leased vehicles, the law provides reimbursement for all lease payments made up to that point, provided the lessor agrees to the termination of the lease.
Manufacturer’s Duty to Repair
Under La. R.S. 51:1942, the manufacturer is required to repair any nonconformity reported by the consumer. This applies as long as the issue is reported within one year of delivery or within the warranty period, whichever comes first. The manufacturer must make necessary repairs even if they occur after the warranty period expires, as long as the nonconformity was reported in time.
Filing a Claim and Attorney Fees
Consumers have up to three years from the date of purchase or one year after the warranty expires (La. R.S. 51:1944) to file a claim. Additionally, if the consumer prevails in a lemon law case, they are entitled to reasonable attorney fees (La. R.S. 51:1947). This provision ensures that consumers can pursue their rights without the financial burden of legal costs.
Disclosure of Defects and Penalties
Louisiana law requires transparency regarding any vehicle that has been returned under the Lemon Law. When a manufacturer or dealer resells a vehicle that was returned due to nonconformity, the vehicle’s title must clearly disclose its Lemon Law Buyback status (La. R.S. 51:1945.1). Failure to do so can result in fines ranging from $500 to $1,000 per violation.
Contact the Auto Lemon Lawyer – Kevin R. Duck
If you believe you have purchased a defective vehicle under Louisiana’s Lemon Law, you need a dedicated attorney who understands the intricacies of this legislation. Kevin R. Duck, the Auto Lemon Lawyer, has over 30 years of experience advocating for consumers. He has successfully managed complex consumer litigation cases, recovering substantial compensation for his clients.
By choosing Kevin R. Duck, you are choosing a reliable partner who will work diligently to navigate the legal landscape of Lemon Law and secure the justice you deserve. Contact us today for a consultation, and let us help you make the most of Louisiana’s Lemon Law protections.
Over the past 30 years, I have been devoted to standing up for consumers, tackling intricate class action consumer litigations, handling complex multi-district cases, and recovering millions of dollars for my Lemon Law clients. Being admitted in District Courts in Louisiana, Texas, California, Michigan, Florida, and Indiana, my practice has led me to represent clients all over the United States in my Lemon Law cases. Regardless of your location, my firm is committed to offering the highest level of professional support, especially in Lemon Law.