What Is Louisiana’s Lemon Law?
By Kevin Gipson, New Orleans Bankruptcy Attorney on Oct 14, 2007 in Louisiana
As most people know, a vehicle that never seems to operate properly, is always in the shop and never seems to be fixed has come to be known as a lemon.
Over the years, most states have enacted “Lemon Laws”.
Louisiana is no different.
Louisiana’s lemon law imposes a duty upon the manufacturer of a new vehicle to repair the vehicle.
A new motor vehicle is defined as a lemon if it has a defect “…which substantially impairs that has a defect which substantially impairs the use and/or market value of the vehicle.”
Any of the following can cause a vehicle to be defined a lemon under Louisiana law:
- The vehicle does not conform to the express manufacturer’s warranty and cannot be repaired after a reasonable number of attempts;
- At least four repair visits to correct the same malfunction during the warranty period or within one year of delivery of the vehicle; or,
- If the vehicle has been out of service for repair for a combined total of at least 90 days during the same period.
If the defect still exists, the manufacturer is required to replace the lemon with a new vehicle or give a full refund.
However, like so many of these laws, the buyer must first use any free mediation or
arbitration procedures that the manufacturer has set up to deal with complaints.
To my knowledge, all manufacturers have mediation and/or arbitration clauses in their new vehicle agreements.
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