Lemon laws in Louisiana are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles.
Dalton & Associates LLC
Contents
- Dalton & Associates LLC
- D.W. Nance, LLC
- Taggart, Morton, Ogden, Staub, Rougelot & O’Brien, L.L.C.
- De Vonna Ponthieu, LLC
- RS51:1941-1948
- RS51: §1941 – Definitions
- RS51: §1942 – Manufacturer’s Duty to Repair; Nonconformity
- RS51: §1943 – Express Warranties; Time Limit to Conform
- RS51: §1944 – Motor Vehicle Replacement or Refund
- RS51: §1945 – Transfer Of Title; Time Limitation
- RS51: §1945 – Mandatory Disclosure of Nonconformity to Warranty by Sellers
- RS51: §1946 – Other Remedies
- RS51: §1947 – Attorney Fees
- RS51: §1948 – Manufacturer’s Duty to Provide Reimbursement for Temporary Replacement Vehicle; Penalties
Dalton & Associates LLC is located at 111 Park West Drive, .Scott, Louisiana. This firm has also opened an office in Dallas, Texas. Attorneys, Richard C. Dalton and Craig M. Patrick, are renowned in both the states for their highest degree of legal representation. Both these lawyers only deal in lemon law cases and the focused services of these lawyers has earned them a big name among Louisiana lemon law attorneys. Attorney Richard C. Dalton got his J.D. from Louisiana State University in 1994 and was admitted to Louisiana and U.S. District Court, Eastern, Middle and Western Districts of Louisiana, Texas and U.S. District Court, Northern, Eastern, Western and Southern Districts of Texas. He is an active member of Louisiana State Bar Association, State Bar of Texas, Louisiana Trial Lawyers Association and National Association of Consumer Advocates.
On the other hand, attorney Craig Patrick is also a certified Louisiana lemon law attorney. He completed his law education from Baylor University in 1995 and in the same year joined Texas and U.S. District Court, Northern District of Texas, U.S. District Court, Eastern District of Texas and U.S. Court of Appeals, Fifth Circuit, U.S. District Court, Western District of Texas, U.S. District Court and Southern District of Texas. He holds membership of State Bar of Texas.
Areas of Practice
- Lemon Law
- Warranty Law
- Defective Automobiles
- Commercial Vehicles
- Motor Homes
- Manufactured Housing Law
- Manufactured Motorcycles
- Boat Manufacturing Liability
D.W. Nance, LLC
The law firm of D.W. Nance, LLC is situated at 3912 Constance Street, New Orleans, Louisiana. It’s a general practice law firm focusing on lemon law, entertainment law and commercial law. Mr. D.W. Nance is the only member running this law firm. He is practicing law for quite a long time and has achieved high ranking among Louisiana lemon law attorneys. He was born at El Paso in Texas and has strong command over English, German, Spanish and French languages.
Mr. Nance earned a Bachelor of Arts degree from the University of Texas at Austin in 1990 and a Doctor of Jurisprudence degree from Loyola University School of Law, New Orleans in 1996. After the completion his law education, he joined Louisiana, Texas, New York, Florida and U.S. District Courts, Eastern District of Louisiana, U.S. District Court, Middle District of Louisiana, U.S. District Court, Western District of Louisiana, U.S. District Court, Northern District of Texas, U.S. District Court, Southern District of Texas, U.S. District Court, Eastern District of Texas, U.S. District Court, Western District of Texas and U.S. Court of Appeals, Fifth Circuit. Currently, he is a member of Louisiana State Bar Association, New York State Bar Association, State Bar of Texas and The Florida Bar.
Areas of Practice
- Lemon Law
- Administrative, Civil and Commercial Litigation and Appeals
- All Aspects of Personal and Business Internet Activities
- Business – from Startups to Public Companies
- Condemnation
- Construction
- Corporate Counsel
- Entertainment
- Family
Taggart, Morton, Ogden, Staub, Rougelot & O’Brien, L.L.C.
Taggart, Morton, Ogden, Staub, Rougelot & O’Brien, L.L.C., located at, 2100 Energy Centre, 1100 Poydras Street, New Orleans, Louisiana, is a law firm offering services in multiple areas of law. It’s a firm comprised of thirteen lawyers. Amongst these names, Janet Daly McGrew is one highly like Louisiana lemon law attorney. She covers all lemon law proceeding at this firm. Attorney McGrew did her B.A. in 1977 and J.D. in 1982 from University of North Carolina at Chapel Hill; Newcomb College, Tulane University and was admitted to the bar in Louisiana, the same year. At present, she is a member of New Orleans, Louisiana State, Federal and American Bar Associations.
Areas of Practice
- Lemon Law
- Workers Compensation
- Personal Injury Defense
- Commercial Litigation
- Construction Litigation
- Media Law
De Vonna Ponthieu, LLC
Founded in 2003 by De Vonna Ponthieu, this law firm is located at 210 N. Range Avenue, Denham Springs, Louisiana. De Vonna Ponthieu, LLC offers legal representation to individuals as well as businesses in the State of Louisiana. The firm provides quality legal services in a cheapest possible manner. Attorney Ponthieu is not only a Louisiana lemon law attorney, but also deals in other fields of law. Ponthieu attained a Degree in Jurisprudence from Louisiana State University in 2001 and was admitted to Louisiana and U.S. District Courts, Middle District of Louisiana and U.S. Court of Federal Claims. Ponthieu also holds memberships of Louisiana State and American Bar Associations and 21st Judicial District Bar Association.
Areas of Practice
- Lemon Law
- Automobile Accidents
- Divorce
- Dog Bites
- Sexual Abuse
- Slip and Fall
- Warranty Law
- Products Liability
- Wills
- Probate
Louisiana Lemon Laws
RS51:1941-1948
RS51: §1941 – Definitions
The following definitions apply when used in this Chapter:
- “Collateral costs” means the additional amount paid for buying a motor vehicle which includes sales tax, license fees, and registration fees and any similar governmental charges.
- “Consumer” means:
- A person who pays a handsome amount to acquire a vehicle for personal, family, or household use
- A person to whom the ownership of the car or any other vehicle is transferred
- Who is entitled to enforce the obligations of the warranty
- “Dealer” is a person approved by the manufacturer for buying, selling, or exchanging new automobiles, new personal watercraft, new all-terrain vehicles, or new motor homes at retail.
- “Manufacturer” is a person or a firm engaged in the business of manufacturing, importing or assembling motor vehicles.
- “Manufacturer’s express warranty” and “warranty” means the warranty expressed in writing by the manufacturer of its nonconformities and fitness for use.
- “Motor vehicle” any passenger motor vehicle as defined in R.S. 32:1252(13), and sold Louisiana on or after September 1, 1984. For the purposes of this Chapter, the following motor vehicles are not included:
- Motor vehicles, except for motor homes, 10,000 GVW or above.
- Motor vehicles used exclusively for commercial purposes.
- “Nonconformity” any condition that impairs the use, value and safety 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, 1999.
RS51: §1942 – Manufacturer’s Duty to Repair; Nonconformity
If a new motor vehicle is defective or doesn’t conform to the expressed warranty, the consumer should report the nonconformity to the manufacturer within the warranty period or during 1 year of the delivery of such vehicle to the buyer, then the manufacturer will be liable for the removal of such nonconformities inspite of the fact that such repairs are made after the expiration of such terms or such one-year period.
Acts 1984, No. 228,§ 1.
RS51: §1943 – Express Warranties; Time Limit to Conform
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- Its a presumption that a reasonable number of attempts have been made to correct the nonconformity if,
- The vehicle is out of service or is in custody of manufacturer by reason of repair for a total of 90 or more calendar days
- The manufacturer has attempted the repairs 4 times or more, but the nonconformity still exists.
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- Incase of motor homes, the consumer must provide a written notification to the manufacturer of the provisions identified in subsection(1) of this section.
- After the receipt of such notification, the manufacturer has been awarded a final attempt to correct the nonconformity. The manufacturer should respond to the consumer within 5 days of the receipt of such notification.
- The repairing agent has 10 days to conform the vehicle to the warranty. The time period shall be extended if the consumer authorizes such extension in writing.
- The court will not award a final attempt to the manufacturer, if the manufacturer fails to reply to the consumer or to perform the repairs within the time period.
- Its a presumption that a reasonable number of attempts have been made to correct the nonconformity if,
- War, invasion, strike, fire, flood, or any natural disaster can lead to an extension in the time period of repairs.
- The requirements in Subsection A shall be suspended for any time during which repair services cannot be carried out by the manufacturer, its agents, or authorized dealer because of war, invasion, strike, fire, flood, or natural disaster.
Acts 1984, No. 228,§ 1; Acts 1999, No. 933,§ 1.
RS51: §1944 – Motor Vehicle Replacement or Refund
- If nonconformity of a motor home has not been corrected within the time periods identified in R.S. 32:1943(A)(2), or within four attempts, the consumer will be given an option of replacement motor home or refund amount, which includes the purchase price plus all collateral charges less allowance for consumer’s use.
- A reasonable allowance for use is the amount which is directly incurred for the use of a motor vehicle before the consumer first notifies the nonconformity to the manufacturer.
- as stated in Louisiana lemon laws, “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”.
- The consumer will be awarded, three years from the date of delivery of a motor vehicle or one year after the end of warranty period, to claim against the manufacturer and enforce conformity with the provisions of this Section.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1995, No. 1136,§ 1; Acts 1999, No. 933,§ 1.
RS51: §1945 – Transfer Of Title; Time Limitation
Incase of replacement or refund, the consumer should return the motor vehicle to the manufacturer alongwith the title certificate. The manufacturer will offer a replacement vehicle or a refund within 30 days after the consumer returns the title certificate and other document to the manufacturer.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1.
RS51: §1945 – Mandatory Disclosure of Nonconformity to Warranty by Sellers
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- Incase of sale of a returned vehicle, the manufacturer should attach a certificate with the vehicle which looks like,”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 should also be printed on the title page of a motor vehicle.
- Not fulfilling the requirements of subsection (A) shall impose a fine of five hundred dollars upon the manufacturer.
Acts 1992, No. 603,§ 1.
RS51: §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.
Acts 1984, No. 228,§ 1.
RS51: §1947 – Attorney Fees
If the judgment is in favor of a consumer, the manufacturer will be enforced to pay the attorney’s fees incurred by the consumer in the prosecution.
Acts 1985, No. 169,§ 1.
RS51: §1948 – Manufacturer’s Duty to Provide Reimbursement for Temporary Replacement Vehicle; Penalties
- As stated in Louisiana lemon laws, “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:
- The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.
- 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”.
- The requirements of RS51: §1948 could be extended for the period of manufacturer’s express warranty or for two years.
- if the manufacturer violates Subsection A, the consumer will be allowed to reimburse from the manufacturer for damages incurred plus reasonable attorney fees. the amount of reimbursement shall not be less than two hundred dollars. The provisions of this Section will be effective as to cars sold after January 1, 1987, and will not be in effect affected by war, work stoppages, and natural disasters.
- This Section is not for motor homes, personal watercraft or all-terrain vehicles offered to a manufacturer for repair.
Acts 1986, No. 1058,§ 1; Acts 1999, No. 933,§ 1; Acts 1999, No. 1048,§ 1, eff. July 9, 1999.