Lemon Law in Louisiana
Lemon law in the state of Louisiana is designed to help consumers relieve themselves of defective yet new motor vehicles. Motor vehicles are not the only consumer product that is eligible for lemon compensation. Trucks, motorcycles, recreational vehicles, computers, and other named consumer products. Motor vehicles are, however, the most commonly reported type of lemon.
When a motor vehicle is defective straight from the factory and still under the manufacturer’s express warranty the motor vehicle may be eligible for compensation. A lot of paperwork is required in order to report a lemon as well as to prove that a vehicle is a lemon. Proof of attempted repairs will be required.
Only certain vehicles are eligible to qualify for lemon compensation. Such vehicles must have defects that impair the market value of the automobile or impair the safety of the driver and passengers. Such defects will often include seatbelt defects, break defects, engine problems, and other similar impairments.
Louisiana law requires that a motor vehicle first undergo a reasonable number of repair attempts before it can be reported in proper documentation as a lemon. Such attempted repairs are required to be on the same defect and normally includes three to four attempts. All repair attempts must be made while the motor vehicle is still under manufacturer warranty. If a motor vehicle is out of use for a total of thirty days due to attempted repairs, the required number of repair attempts will be waived.
If a motor vehicle is reported as a lemon following the expiration of the express warranty, the manufacturer, agent, or dealer is not legally required to attempt a repair. However, if the vehicle is reported as a lemon while under the manufacturer’s express warranty and the warranty expires prior to an attempted repair by the manufacturer, agent, or dealer, a repair is still required by law to take place through the agent, dealer, or manufacturer.
Louisiana law states that the manufacturer, dealer, or agent is required to restore the motor vehicle to its market value and factory standard. If the motor vehicle cannot be fully restored to the factory standard and market value then the consumer is eligible for compensation.
Compensation for lemons comes in two forms. If the manufacturer, dealer, or agent cannot repair the vehicle, it may be replaced. A replacement vehicle is required to be of the same market value as the lemon vehicle. A consumer may decline a replacement vehicle if he or she wishes, in most cases. If no replacement is provided then the consumer is eligible for refund compensation.
Refunds will include the full purchasing price of the motor vehicle as well as registration fees, licensing fees, taxes, government fees, and all other purchasing fees associated with motor vehicle purchase.
In both cases of refund and replacement the manufacturer, dealer, or agent is not required to compensate for any cosmetic additions to the lemon vehicle. Also if the lemon vehicle shows signs of neglect or abuse the total amount may be subtracted from the lemon compensation and refund.