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Louisiana Lemon Law
Louisiana
Revised Statutes Annotated 51:1941 to 51:1948
§ 1941.
Definitions.
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; and
(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 business.
(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 warranty.
(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 above.
(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 and/or market value of a
motor vehicle.
§ 1942.
Manufacturer's duty to repair; nonconformity
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 of 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 one-year
period.
§ 1943.
Express warranties; time limit to conform
A.
(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.
(2)
(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 following:
(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 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
writing.
(2)
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 nonconformity.
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 disaster.
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 disaster.
§ 1944.
Motor vehicle replacement or refund
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 to 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 manufacturer shall:
(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
of repair.
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 procedure.
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 this Section.
§ 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.
§ 1945.1.
Mandatory disclosure of nonconformity to
warranty by sellers
A.
(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."
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
title.
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 violation.
§ 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
other law.
§ 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.
§ 1948.
Manufacturer's duty to provide reimbursement
for temporary replacement vehicle; penalties
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.
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