How the Lemon Law Works in Louisiana: A Consumer’s Guide

Lemon Law Explained

Lemon laws are a unique and inherently consumer-driven body of law that generally provide the purchaser of a defective car used for personal purposes a means of recourse when that car has an irreparable defect or problem. At their core, lemon laws are intended to protect consumers who, in the case of motor vehicles, buy what is essentially a new vehicle (or a used vehicle still under warranty) only to find out that the vehicle does not work as promised. Many states have enacted consumer protection statutes governing the lemon law process, and Louisiana is no different.
The Louisiana Lemon Law is not governed by a discrete chapter of the Louisiana Code of Civil Procedure , though the Louisiana Supreme Court noted in 2013 that the Louisiana lemon law is "the one potential avenue of compensatory relief" provided by a private right of action (Gordon v. GMC). The Louisiana lemon law is instead found in a series of legislative enactments relating to motor vehicle sales or warranties. As laid out below, the applicability and procedure of the Louisiana lemon law is contained primarily in the Louisiana Products Liability Act, so that body of jurisprudence governs any lemon law actions brought in Louisiana state court. There are also several provisions in the Louisiana Civil Code relevant to lemon law actions.

Major Features of Louisiana’s Lemon Law

La. R.S. § 51:1965(A) provides in pertinent part that: Any new motor vehicle … which fails to conform to any applicable express warranty because a nonconformity … is not repaired after a reasonable number of attempts during the term of the warranty shall be a "lemon". However, a manufacturer shall not be obligated to pay damages if the nonconformity … is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer. La. R.S. § 51:1965(C) provides in pertinent part that "[a] reasonable number of attempts means any of the following:":

(1) That the same nonconformity … has been subject to repair attempts on two or more separate occasions or, if the nonconformity is likely to cause death or serious bodily injury if left un-repaired, has been subject to repair attempts on one or more occasions within the term of the warranty.
(2) That the same nonconformity … has been subject to repair attempts on two or more separate occasions plus any number of other nonconformities … have been subject to repair attempts on two or more separate occasions. The total of all instances when the same nonconformity or other nonconformities, or a combination thereof, have been subject to repair attempts shall equal three or more nonconformities.

Your lemon law rights must be exercised within 12 months after the expiration of the express warranty period. La. R.S. § 51:1968. If you have any questions regarding the Louisiana lemon law or how to file a lemon law claim, please contact us at (504) 830-2992.

What To Do If You Have a Lemon

If you suspect that you purchased a lemon car, follow the below procedure in a timely fashion to protect your rights. You’ll want to give notice to the car manufacturer, to where the vehicle may have came from, like an authorized automobile dealership. The notice must be sent in a written letter via certified mail return receipt requested. It is advisable to send a copy of your notice to the automobile dealership or anyone else that may have been involved in your purchase of the car. The notice and all other correspondence must be in writing. At a minimum The notice must include:

• Outline the concerns you have with the automobile.
• Express your expectation that the defect be repaired.
• Include a description of the attempts you made to fix the automobile.
• Include the date of purchase of the vehicle.
• Include the vehicle’s Vehicle Identification Number (V.I.N.).
• Include the mileage of the vehicle as of the date of your notice.
• Include your name and address.
• Exclude any reference to arbitration or litigation.

It is preferable to send the notice to the manufacturer where the automobile came from, but in cases where the defect is widespread, such as in a recall, it may be preferable to send it to the National Highway Traffic Safety Administration (NHTSA).
If your notice involves a new automobile, you generally will desire to give the automobile manufacturer "final chance" to repair the defect prior to initiating arbitration. "Final chance" is simply an opportunity for the automobile manufacturer to resolve your complaint. Lemon law Regs require that the automobile manufacturer be given a minimum of three opportunities to repair the defect.
It is essential to pay attention to timing. The vehicles with the lemon law requirements are limited to either new or pre-owned vehicles (used vehicles) that were purchased less than one year from the date of retail sale or less than 12,000 miles from the date of retail sale. If your vehicle is under recall, you are required to give notice for the automobile manufacturer to repair the defect.

The Louisiana Lemon Law: The Manufacturer’s Duties

Under 51:1967(1)(a), those manufacturers selling a defective vehicle have an obligation to replace it at their own expense or reimburse you the full price of the vehicle, including tax and license, within 30 days. A manufacturer cannot avoid its obligation by claiming that the dealer is responsible for the defect. If a dealership refuses to restock a defect but the manufacturer does not, the manufacturer is still liable to compensate you. It is also important to understand that a manufacturer cannot avoid liability by simply buying the vehicle back and releasing its obligation — it must first take back the vehicle and its burden of paying you. Then the manufacturer is free to sue the dealer. 51:1967(1)(b) establishes what defendants are not liable for under a lemon law claim. If you seek a refund or trade for your vehicle, compensation does not have to include non-manufacturing costs such as: loss of use; damages to you or others or their property; property loss, injury or death on the leased vehicle; any vehicle housing, mobile home and motor home; or any other damages that can be compensated elsewhere. A manufacturer also does not have to reimburse you for after-market installations. For example, if you add a new set of tires as soon as you buy a new car, and it is later found to be defective, the manufacturer does not have to give you back the money you paid for those tires along with the amount of the original purchase. 51:1967(2) gives you a right to a refund or trade if the defect that led to your lemon law claim happened within the period of warranty or 12 months after delivery to you. A trial court will resolve any dispute over whether a defect was present during this period in favor of the consumer. A defect is anything in the make, construction or function of the vehicle that significantly impairs its safety, value, use or psychological enjoyment. It must also render the vehicle unfit for ordinary transportation use. Those selling a defective vehicle have at their cost the opportunity to repair it three times or replace the vehicle twice during the warranty period or 12-month period, whichever one is longer. 51:1967(3) lays out how to prove that a vehicle is a lemon. First, you must file with the Department of Motor Vehicles for arbitration or file a lawsuit under the lemon law within the 18-month time limit. You must also give notice in writing to the manufacturer and the dealership of your lemon law claim and the defect in the vehicle during the warranty or 12-month period, whichever is longer. The manufacturer is not responsible for correcting a defect after 30 days so long as the dealership has the vehicle, or six months after the manufacturer is notified of the defect, whichever comes first. You must also inform the dealership if the defect is already reported. 51:1967(4) deals with the time it will take to have a vehicle properly replaced or refunded. If you notify the dealership, the dealer has 10 days to give you back your vehicle — provided that enough parts and personnel are available to the dealership — and allow five more days for the dealer to arrange for the vehicle to be delivered back. If the manufacturer agrees to fix the vehicle, it has 30 days to turn it over to the dealership after being notified. The dealership then has 10 days, if parts and people are available, to return it. If parts are not available, the manufacturer has 45 days from being notified of the defect to have the vehicle ready. But if the dealership repairs the vehicle, it will be considered timely fixed if it is picked up from the dealership within 30 days of the dealership receiving it.

Available Remedies for Louisiana Consumers

If initial actions to resolve a lemon law matter are not successful, there are other options that consumers have under certain circumstances. For example, a consumer might have a nonconformity that was not successfully repaired, or the vehicle might have been out of service for repair for more than thirty days. To qualify for lemon law protections, a manufacturer’s express warranty must cover the nonconformity, which is defined as a defect in material or workmanship that substantially impairs the vehicle’s use, market value, or safety. A consumer must first notify the manufacturer of the defect . If the nonconformity is not repaired after two attempts but the consumer has not had a warranty repair for more than thirty days, the consumer may file a lawsuit.
As an alternative to enforcing rights under the Louisiana lemon law, a consumer may elect to use Louisiana’s Magnuson-Moss Warranty Act statutory remedy. If the terms and conditions of this warranty are breached by the warrantor, it must pay to that consumer an amount equal to the actual costs incurred in making the nonconformity conform to the warranty plus all accrued interest. Further, if such breach causes physical injury to any person or property, it must also pay the amount of such physical injury, including all reasonable attorneys’ fees.

How to Make Your Lemon Law Case Stronger

The best way to strengthen your Lemon Law case is to prove that you have given your vehicle enough tries to be repaired. You can do this by keeping a detailed log of repair visits and communications with your mechanic or dealership. List dates, times, and names whenever possible. You should also keep a file of work orders with the approximate mileage of the vehicle at each visit. If possible, obtain proper documentation from your service providers that describes the problems you are having even if the mechanic attempts to convince you that the vehicle has been repaired and notifies you that you need to pay for any work done.
Keeping all of your documents organized and accurate will help in two ways. First, it will show your mechanic or dealership that you are not going to be easily fooled into believing your problems are solved and you aren’t going to be persuaded that any more repairs are unnecessary. Second, you will be able to give your attorney or the manufacturer’s arbitration board all the information they need to determine whether your Lemon Law claim is valid without digging through a pile of old papers.
If you are not able to have your mechanic or dealership adequately repair your vehicle after a reasonable number of repair attempts, speak with an attorney for an evaluation of your case. Experienced lemon law attorneys know how to gather the communications from the service manager and manufacturer’s representative if necessary. They also have a good idea of what to expect from manufacturers as well as how much compensation may be available under the Louisiana Lemon Law. Finally, they will know what measures to take next and how to advance your claim to arbitration or court if needed.

Answers To Common Louisiana Lemon Law Questions

What does the Louisiana Lemon Law apply to?
The Lemon Law applies to any new motor vehicle purchased or leased in whole or in part within the state of Louisiana that is used at least 20% for commercial purposes. This includes cars, motorcycles, trucks, vans, trailers, vans, or any other motorized transportation vehicle. The Lemon Law requires vehicle manufacturers to repair vehicles under warranty if they don’t meet the standards of quality and performance expected by customers. The Lemon Law requires commercial agents or representatives, such as dealers and lessors, to provide assistance to customers with regard to pursuing repairs under the Lemon Law on an undisclosed basis. Consumers can submit complaints against the manufacturers of their vehicles, but the dealers or lessors are not required to take part in those actions. However, the law does allow the consumer to assign and transfer the consumer’s rights and obligations to a merchant that provides warranty repairs from the manufacturer. A consumer can submit a complaint against a lender for a false loan advertisement, and this may result in a monetary disciplinary payment of up to $5,000, in addition to the return of the amount paid as a down payment or deposit, including taxes or other fees.
Does the Lemon Law apply to used cars?
If the vehicle was purchased under a warranty that offers the owner the right to request repairs for the duration of the warranty term, then the warranty does not negate the Lemon Law. Depending on the terms of the warranty, the owner may be able to apply the Lemon Law to either the dealer and/or the manufacturer.
Does the Lemon Law apply if the vehicle still has a warranty under the original manufacturer, but parts have been replaced with generic or aftermarket parts?
Yes, in this instance, the Lemon Law would still apply. It is important for the customer to keep and maintain all paperwork and documentation regarding any repairs or replacements that might have been performed on the vehicle, regardless of the number of recalls .
Does the Lemon Law apply to motorcycles or mopeds?
Yes, the Lemon Law applies to motorcycles and mopeds.
What needs to be done to have a problem covered under the Lemon Law?
One or more attempts must be made to notify the dealer or manufacturer of the problem. The consumer must keep all documentation regarding the problem and subsequent attempts to repair or fix it.
What happens when a manufacturer refuses to assist a consumer with a representative for warranty repairs?
The Louisiana Lemon Law offers consumers the right to submit a complaint or grievance against a manufacturer that has refused to help the consumer with warranty repairs on their vehicle. The manufacturer is required to designate and provide a representative to assist with warranty repairs when the following situations arise: The consumer can come to our office to submit a complaint and speak with a representative if the product does not work according to the manufacturer’s specifications and is also not fixed after several attempts to repair it.
What are my options when I have a Lemon Law claim?
A person with a Lemon Law claim can either pursue individual arbitration or mediation, or individual court action.
How long do I have to bring my Lemon Law claim?
According to caravan dealership the Lemon Law, a notice of the consumer’s complaint must include: All notices must be postmarked within 30 days after the expiration of the express warranty or extended warranty on the motor vehicle, or 30 days after the 4th repair attempt or last final opportunity to repair the defect, whichever is later.
What type of remedy is available under Louisiana’s Lemon Law?
The Lemon Law allows the manufacturer to elect to repair, replace, repurchase, or remove and replace the part or parts of the vehicle that is causing the defect. Upon a request made by the seller, the Louisiana Attorney General’s Motor Vehicle Commission may review and approve the method of reimbursement.