LOUISIANA LEMON LAW:
Louisiana Lemon Law
RS51:1941-1948
RS51:1941
§1941. Definitions
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.
RS51:1942
§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.
RS51:1943
§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.
RS51:1944
§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.
RS51:1945
§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.
RS51:1945
§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.
RS51:1946
§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.
RS51:1947
§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.
RS51:1948
§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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