Louisiana’s Lemon law covers new cars for a period of twelve months from the date of purchase. Not included under the law are leased vehicles, demonstrator vehicles, motorcycles, or recreational vehicles.

In order to qualify as a lemon under the Louisiana statute, a vehicle must meet the following qualifications:

The vehicle must have a defect or nonconformity that substantially impairs the use, and/or market value of the vehicle. As with most such laws, the defects must not have been caused by neglect, abuse, or modifications to the vehicle that were not authorized by the manufacturer.

• The manufacturer must be notified of the existence of the defect and the defect must still be present after the manufacturer has been permitted a “reasonable” number of attempts to fix the problem. According to Louisiana law, “reasonable” is defined as four or more attempts to repair the problem during the warranty period.
• A vehicle also qualifies as a lemon if it is out of service for a total of 90 days for repair of the same problem during the warranty period. All states have a similar provision for a vehicle that is habitually out of service, but Louisiana’s 90 day requirement is three times the national average. Most state laws only require 30 days out of service; some states require as few as 15 days out of service to qualify.

Should the vehicle qualify as a lemon, the statute requires that the manufacturer replace the vehicle with a new comparable motor vehicle. Alternatively, at its option, the manufacturer may elect to refund the purchase price, including any additional amounts paid by the consumer at the point of sale. The decision to replace or refund lies exclusively with the manufacturer. Should the manufacturer elect to refund the purchase price, an allowance may be made for prior use of the vehicle.

Should the manufacturer refuse to comply, the vehicle owner may seek relief through the lemon law. The law does require, however, that the owner submit to the manufacturer’s arbitration program, should they provide one within the state. These programs, which involve an ostensibly neutral third party, are intended to expedite the process of resolving defective vehicle complaints.

Presumably, should the manufacturer prevail in the arbitration hearing, the owner will retain the right to sue in court to obtain relief. Should the owner prevail in the arbitration hearing, the manufacturer will have 30 days to either replace the vehicle or refund the purchase price. Should the matter end up in court, the owner shall be allowed to receive attorney fees as well as a replacement vehicle or a refund.

All in all, Louisiana’s statute is perhaps the most manufacturer-friendly law in the nation. The law requires four repair attempts instead of the more common three, 90 days out of service compared to the more common 30 and it permits the manufacturer the sole discretion of deciding to replace or refund. For the most part, all the consumer can do is hope the manufacturer is in a generous mood should problems arise.

Residents of the state who feel that the law is weak should contact their elected representatives and tell them so. It probably won’t help, but that is the process.

If you are experiencing difficulties with your car, SUV or van, you may discover that you need a lawyer. LegalMatch can help find an experienced attorney in your city. Confidentiality is secure, all lawyers are licensed, and there is no charge to apply.

Details can be found the Louisiana Lemon Law page