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Louisiana Lemon Law

Louisiana Lemon Law State Statutes

If you want information about the Louisiana automobile lemon law and the lemon law process, CarLemon.com has you covered! At our website you can educate yourself by reading the statute (below) and learning the definitions and presumptions, or take an easier way and just read the Louisiana Attorney General’s Louisiana Lemon Law Rights Consumer Guide. Then, connect with a free Louisiana lemon law attorney to enforce your rights under the Louisiana car lemon law and the Magnuson-Moss Warranty Act, the federal lemon law.

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Louisiana Lemon Law Rights, Louisiana Laws Revised Statutes, TITLE 51 — Trade and commerce

Louisiana Lemon Law Definition §1941.

The following definitions apply when used in this Chapter:
(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.
(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, market value or both 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.

Louisiana Lemon Law Statute §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.

Acts 1984, No. 228,§ 1.

Louisiana Lemon Law on New Cars §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 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.
(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.
(3) 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.

Acts 1984, No. 228,§ 1; Acts 1999, No. 933,§ 1.

Louisiana Lemon Law §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.

Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1995, No. 1136,§ 1; Acts 1999,
No. 933,§ 1.

Louisiana Lemon Law §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.

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

Louisiana Lemon Law §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.”
(2) 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.
Acts 1992, No. 603,§ 1.

Louisiana Lemon Law §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.

Louisiana Lemon 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.

Acts 1985, No. 169,§ 1.

Louisiana Lemon Law §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.

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

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19 comments

  1. I have a 2011 Chevrolet Cruze, brought vehicle new, have had major problems since purchase, brought vehicle to dealership since 2011, no one seems to know what wrong

  2. I purchased a used vehicle from a private owner now discovered A small oil leak and smoke from the tail pipes

    • Unfortunately lemon laws don’t apply yo private sellers. If your car is still under warranty, you can use the lemon law. If not, try googling “revocation of acceptance” and “louisiana”.

  3. I brought a 2008 lincoln Navigator 14 days ago. on the first day the check engine light came on. I took it back to them to see what was wrong they said nothing. a week later it came back on and my gas gage do not work… they will not honor the lemon law

    • Lemon laws apply to warranted vehicles. But, there may have been some monkey business during the sales process. If you like, we can delve into that in a free, no obligation case review, call 888-595-9111 anytime.

  4. I traded in my car and got a 2007 Nissan altima the beginning of June 2015. The car dealership still didn’t pay my car off with the finance company . The engine light came on days after I got the altima and was making a straining sound every time I press on accelerator. They claim its normal and is giving me the run around. The finance company is calling me asking me about the payoff for the car I traded in. The dealership response was they can go get the car with an attitude. That’s no way to run a business

  5. I brought 2009 dodge journey. It in shop twice with 90 day of purchase. Then 8 time after It have
    Alot of recall . I fix most cooling part battery,starter,alternator,temp, water pump ,oil pan and filters. Now motor is blow 10,000 I pay them

  6. I purchased a 2013 ford focus from a dealership in Mississippi and experienced transmission problems from the day I drove it off the lot. I was assured by the dealer that the transmission was acting normally. When I spoke to the district service manager he said the car qualifies for Lemon Law relief but that the mileage deduction is substantial.

    I reported transmission problems within 1 week of purchase to the selling dealership, had it serviced 3 times and have had ongoing problems with the transmission. I began bringing the vehicle to a Louisiana dealer for repair with the same results. They are currently in possession of the car for two months and have not been able to repair it under warranty

    Can you tell me the per mile charges? Shouldn’t the mileage be recorded at time of first complaint and not at the point of total frustration? Should this be pursued in the state of purchase or state of residency?

    Thanks

    • Please call and talk to a lawyer before agreeing to anything, there are many ways to handle these issues, and the dealer doesn’t have your interests in mind. And higb usage fees are why its sometimes better to do a “cash and keep,” then trade the car in yourself.

  7. Purchased a 2012 doge charger a year ago and it has had several recall one the alternator when I called dodge they did not have the part said they would call me when part arrived so in the meantime it left me and my two little boys in 102 degree weather stranded in a parking lot I had it towed and then they replaced alternator now I have a recall on airbag system and now my car will not hardly turn left and after it does not turn left if I turn my car off it will not start again so we check everything and take off battery cable and put it back on and the car starts. Next day same problem call dodge they just tell you to have it towed no rental or anything all at my cost not a good way to do business. The battery is a new battery just purchased when alternator fried my other battery. I love my car but I can only do so much I am a working mother of two and I have to get them to school and back and myself to work and back. I am beginning to really hate dodge for all the trouble I am having with the charger. Just fyi for whomever reads My 2012 dodge charger not a very reliable car at this time so when someone asks me again like they have always have ask me if I like my charger I have always said I love it but now not so sure. My husband purchased a 2015 Chevrolet truck and he is paying less for new truck than I am paying for used car smh seriously dodge get it together maybe I should get a chevy and trade in my dodge even though I love dodges better.

  8. I just purchased a 2009 GMC Acadia on August 26, 2015 drove off the lot the check engine light came on so they wrote an we owe ticket to me and put on it will fix check engine light took the vehicle in for repair they tell is its the timing chain that’s a $3,000 repair they had the vehicle for 2 weeks fixed the timing chain then we pick it up drive 5 miles down the highway the check engine light comes on again they now say it the catalytic converter so i have only drove the car for a total of 2 days and purchased the car almost a month ago can i give it back as a lemon and get out of this sale

  9. I bought a 2006 dodge charger in April 2015 from a used car lot. The car has a computer problem it cuts off in traffic while I drive it. I keep telling the place where I brought the car and they keep sending me to there mechanic. Now I have a 3yr 30,000 mile warranty on it and I need to know what to do to get my money back are a new car cause I’ve already lost a job dealing with this car. So please help if you can thanks.

  10. I bought an used vehicle and had a warranty, upon days of purchasing the car broke down and had to get it repaired through the dealer evoking the warranty. This has been going on for more than four times. Would the lemon law apply? If so what documentation you would need?

  11. My truck was put in a transmission to have transmission rebuilt. The shop provided a 6month warranty. When i received my truck back it was not fixed . So i immediately took it back into be repaired and the problem still was not fixed. After months and months of not being able to get hold of anyone from the shop they finally answered so i brough it in to have it fixed Nov.1.2015 i picked it back up dec.18 they said it was fixed but it was not and even worst than before. So i brought it back and as of now feb.10.2016 its still not fixed and the shop is ignoring me and not returning phone calls what do i do

  12. I bought a 2000 Ford f150 from a dealer and its making noises from the engine he won’t fix it just purchased yesterday has no warranty I was wanting to know if that is covered under the lemon law

  13. William T. Mentz

    Dear Sirs,

    I purchased a 2009 Jeep Commander new from local dealership in Metairie, Louisiana

    I also purchased the Chrysler Extended Life-Time Warranty for as long as I own the vehicle.

    Around April, 2014 I experienced problems water accumulating in floor panel of driver’s side and brought vehicle to local Jeep Dealership for repairs and after about two weeks in shop was told the sunroof was not installed in factory and had to be replaced and installed. The dealership also said they would replace headliner, carpets and other items due to water / mold which accumulated under carpets.

    When the vehicle was returned to me, the moonroof allegedly was repaired and noted the headliner was not replaced which they argued it was. The only item replaced apparently was carpet and padding.

    The leaking stopped temporarily and water / mold was again noted in April, 2015 which I brought vehicle back and became major problem dealing with this dealership although Chrysler authorized the proper repairs. The said they repaired the leaking due to moonroof and cleaned headliner saying they replaced it which I personally placed mark on to ensure it was same one. When the headliner was removed and re-attached to interior, the workers did more facial damage to my dashboard which was all denied by dealership.

    PLEASE NOTE DURING THESE TWO INCIDENTS I HAVE BEEN IN HOSPITAL 3 TIME DUE TO RESPITORY PROBLEMS ALLEGEDLY FROM MOLD AND STILL UNDER DOCTOR’S CARE.

    Now on March 26, 2016, while cleaning my vehicle, when I pulled out my rubber mats to clean, the carpet again was completely wet and I pulled it up and the padding was all wet.

    Also, I checked the drainage hose on each side of moonroof to floor base to drain was clear with water flowing out clearly.

    Now, I’m faced with the same problem for the third time in the last 48 months serviced by a Jeep Dealership warrantied by Chrysler.

    What options do I have as my vehicle only has abt 53,000 miles on it and drives very good. However, I see I will apparently experience this same problem for as long as I own my vehicle.

    I would appreciate your assistance.

  14. I brought a certified 2014 Toyota Corolla, I had the car one week and the EMC went out. The dealer has had the car for three weeks now. I am getting to the point that I do not want the car anymore. Does certified used cars fall under the Lemon law? Although this is the only issue with the car, I just don’t want the hassle of having to deal with this again, would I be within my rights to ask the dealer to buy the car back?

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