Louisiana Lemon Law
The lemon law in Louisiana is a useful resource when a consumer purchases a car that essentially does not function as expected.
Whether you are seeking information on new car or used car lemon law, it is important to review the most current legal information surrounding this vehicle-related statute, so you know your rights.
Discover if you should hire a lemon law attorney, and find out if your vehicle falls under the umbrella of protection that this law encompasses, in the sections outlined below.
What is the Lemon Law in Louisiana?
The Louisiana lemon law definition explains that the purpose of this law is to protect consumers against generic or specific malfunctioning defective vehicles, referred to in Louisiana as “nonconformities.”
Additionally, under this defective car lemon law, a vehicle is covered against any condition that impairs the market value or use of a vehicle in a substantial manner. A lemon law buyback in LA is referred to as an implied warranty, and applies to those who are buying new vehicles.
Vehicles include some of the following:
- Passenger vehicles
- Passenger/commercial motor vehicles
- Any car, van or truck that is motor driven, and the owner intends to register it in Louisiana
- Any motor vehicle designed to be used for transporting passengers or goods for commercial, private or for-hire purposes
- Personal use all-terrain and watercraft vehicles still under warranty
- Drive train and chassis of motor homes still under warranty
- Vehicle converters
Note that all the above vehicles must be purchased in Louisiana to qualify for protection under the state-specific law for lemon cars.
Does the Louisiana Lemon Law apply to used cars?
A Louisiana 30 day lemon law used cars statute is only applicable if the individual dealer stated such a condition in the Buyer’s Guide that all used cars are required to have.
In fact, the general federal lemon law passes along the obligation of defining lemon-related warranty provisions to the individual seller or dealer. Thus, any LA used car laws are more so terms of the Buyer’s Guide warranty provided to the buyer from the dealer.
The state law explains that the dealership selling the vehicle has the option to offer a full lemon law warranty, a limited warranty or an as-is sale (no warranty).
Also, the original manufacturer’s warranty may not yet be expired, so buyers should implore about this option, and understand the conditions of this warranty, if present.
In order to take full advantage of a buyback under an implied warranty in the event it is necessary, there is one thing consumers must do before finalizing any vehicle purchase. The best way they can protect their investments is to ask for the dealer’s Buyer’s Guide.
Furthermore, conscientious buyers should read and understand this document, in terms of what type and amount of new car lemon law protection is offered or not offered, prior to making any purchase.
How does the Lemon Law work in Louisiana?
The Louisiana lemon car law covers the consumer, but this protection is limited, to some conditions. A summary of consumer protection parameters follows includes the following:
- For all purposes outside of resale, a consumer is covered for motor vehicle purchases that are used for personal, family and household use, though this coverage is limited by a manufacturer’s express warranty
- For all purposes outside of resale, a consumer to whom a new vehicle was transferred for personal, family and household purposes is protected within the timeframe of an express lemon law warranty that applies to the vehicle
- Any consumer who leases a motor vehicle is covered
- Any person is protected who is entitled to enforce the warranty
Under the Louisiana lemon car laws, a car owner has three years from date of purchase, or within one year past the warranty expiration date to file a claim.
Also, at least four attempts to repair the defective vehicle must be made within the warranty, or within one year, or the vehicle must be out of service for 90 days inside the warranty period.
The consumer is entitled to a replacement vehicle or a refund within 30 days following the informal dispute resolution.
Louisiana Lemon Law Lawyers
You may consider hiring a Louisiana lemon law attorney If the dispute is not settled to your own satisfaction. While the law does not specify arbitration proceedings, most manufacturers will, and it is always a good idea to have legal advice in such situations.
Additional New and Used Car Laws in Louisiana
According to lemon law definition in Louisiana, consumers can take redhibitory action, in which they can demand a full or partial refund or price discount if a vehicle has a hidden defect.
A LA lemon law buyback is mandatory, whether the seller knew of the defect at the time of purchase, or not. However, this redhibitory defect must have existed at the time of sale. In these cases, the final decision is made by a judge, and may include only a partial refund.
A lawyer for lemon car law is useful in this situation.
How to Tell if Your New Car is a Lemon in Louisiana
You likely have a case under the Louisiana state lemon law if you purchased a vehicle that has an obvious defect, or does not perform properly, and in line with standard new vehicle operation. Vehicles currently on record that fall under LA lemon vehicle law protection include the following:
- Tesla Model S
- Hyundai Santa Fe Sport
- Mercedes-Benz B
- Chevrolet Volt
- Chrysler Pacifica