Louisiana Lemon Law
Louisiana Lemon Law RS51:1941
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
(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
(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
(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,
Louisiana Lemon Law RS51:1942
§1942. Manufacturer's duty to repair;
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
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
Acts 1984, No. 228,§ 1.
Louisiana Lemon Law RS51:1943
§1943. Express warranties; time limit to
(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.
(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
(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
(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
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
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
Acts 1984, No. 228,§ 1; Acts 1999, No. 933,§ 1.
Louisiana Lemon Law RS51:1944
§1944. Motor vehicle replacement or
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
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
(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
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
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
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1995, No.
1136,§ 1; Acts 1999,
No. 933,§ 1.
Louisiana Lemon Law 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.
Louisiana Lemon Law RS51:1945
§1945.1. Mandatory disclosure of nonconformity to
warranty by sellers
(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
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
Acts 1992, No. 603,§ 1.
Louisiana Lemon Law 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
Acts 1984, No. 228,§ 1.
Louisiana Lemon Law 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.
Louisiana Lemon Law RS51:1948
§1948. Manufacturer's duty to provide reimbursement for
temporary replacement vehicle;
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,