The Louisiana Lemon Law is found at Louisiana Revised Statutes 51:1941, et seq. It states that there is a duty incumbent upon a manufacturer to repair a defective new motor vehicle. A vehicle is defective under the statute if it fails to conform with the manufacturer’s warranty and cannot be repaired after a reasonable number of attempts. At least four repair visits to mechanic for the same defect during the express warranty period or within a year of delivery of the vehicle must be made. A vehicle might also be deemed to be defective if it has been out of service for repairs for a minimum of 30 days during the same period, and the defect continues to exist. The manufacturer then has two choices. It must replace the vehicle with a comparable vehicle, minus any reasonable allowance for use. In the alternative, it can accept return of the vehicle and refund its full purchase price, plus any amounts paid by the buyer at the point of sale and any collateral costs, minus a reasonable allowance for use.
Impairment of Use or Market Value
In addition to a failure to conform and the inability to repair, the statute also defines a lemon vehicle as a new motor vehicle having a defect that substantially impairs the use and/or market value of the vehicle. It even covers personal watercraft and all-terrain vehicles. The Louisiana lemon law does not contemplate leased or demonstrator vehicles, motorcycles, recreational vehicles or mobile homes.
Mediation and Arbitration
Before a manufacturer must make the replacement or refund election, buyers must follow the mediation or arbitration rules that the manufacturer has implemented for purposes of dealing with consumer complaints. If the parties cannot reach an agreement through mediation, arbitration is required.
The Louisiana lemon law is one of the most complicated and confusing lemon laws in the country. If you are a consumer with issues involving the Louisiana lemon law and the manufacturer’s warranty, contact us at the Krohn & Moss Consumer Law Center right away by calling us at 800-875-3666.
