Louisiana Lemon Law Claims for Motor Vehicles

If your new or used motor vehicle is defective the Louisiana Lemon Laws might require the manufacturer to replace the vehicle or refund your money. Most manufacturers either require or would like owners or lessors to resolve the Lemon Law claim without filling suit; however, even if a lawsuit is not filed you need to make sure your rights are represented. Additionally, you need to make sure you get all the damages you are entitled to under the law which includes attorneys' fee and associated costs.

The Louisiana Lemon Law requires as follows:

• The consumer to report the defect to the manufacturer or any of its dealers and makes the motor vehicle available for repair before the warranty expires or during a period of one year after the date of the original delivery to the consumer; and

• The manufacturer or its authorized dealer shall make such repairs as are necessary to repair the vehicle.

The Lemon Law provides a presumption that a vehicle is a lemon if the vehicle is out of service for repair for a total of 45 or more days or the same defect has been subject to repair 4 or more times within the warranty term or during a period of one year after the date of the original delivery of the motor vehicle to the consumer.

If a defect has not been repaired after 4 or more attempts or if the vehicle is out of service by reason of repair for a cumulative total of 90 or more calendar days within the warranty term or during a period of one year after the date of the original delivery to

the consumer the manufacturer shall:

• Replace the motor vehicle with a comparable new motor vehicle; or

• Accept return of the motor vehicle and refund the full 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, according to their interests, if the transaction was a sale.

• If the transaction is a lease, the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures relating to the lease, and further satisfy all conditions of the lease relating to the early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle before the defect was reported.

• A reasonable allowance for use shall be that amount attributable to use by the consumer before his first notice of the defect or any later period when the vehicle is not out of service for repair.

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 to file suit against the manufacturer.

If the motor vehicle is not repaired after the consumer has complied with the requirements of the law, the consumer shall be entitled to reasonable attorney fees.