Note: The following information was excerpted from a brochure
provided by the Louisiana State Bar Association.
This brochure, prepared by the Member Services Committee of the
Louisiana State Bar Association, is issued to inform and provide general
information, not to advise. If you have a specific legal problem, you
should not try to apply or interpret the law without the aid of a
trained expert who knows the fact, because the facts may change the
application of the law.
In 1984 the Louisiana Legislature enacted Louisiana's "Lemon
Law." This law is located in Louisiana Revised Statutes 5:1941 et.
Under this law a consumer who purchases or leases a new motor vehicle
for personal, family or household purposes has certain remedies against
the manufacturer and seller of the automobile if the vehicle does not
conform to an applicable express warranty.
To benefit from this law you must:
- Report the nonconformity to the manufacturer or any of its
authorized motor vehicle dealers;
- Make 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 you, whichever is the
The manufacturer, its agent or its authorized dealer shall make such
repairs as are necessary to conform the vehicle to the warranty.
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
of the motor vehicle to you, whichever is earlier, the nonconformity has
not been repaired or if the vehicle is out of service by reason of
repair for a cumulative total of 30 or more days during the warranty
period, the manufacturer shall do one of two things:
Replace the motor vehicle with a comparable new motor vehicle, or, at
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.
Reasonable Allowance For Use
According to the statute, a reasonable allowance for use shall be
that directly attributable to use by the consumer prior to the first
notice of nonconformity to the manufacturer, agent or dealer and during
any subsequent period where the vehicle is not out of service by reason
Manufacturer's Refusal To Replace Or Refund
If the manufacturer refuses to replace the vehicle or refund the
money, first determine if the manufacturer has established an informal
dispute settlement procedure. If so, you must follow that procedure
before the Lemon Law will apply.
Consult your attorney to be sure you do not waive any of your rights.
Attorney's Fees Entitlement
The statute provides that, if you comply with the requirements of the
Lemon Law and you are successful, you are entitled to reasonable
attorney's fees actually incurred.
Time Limit For New Vehicle Refund
If you win the case, you must return the nonconforming vehicle and
the certificate of title to the manufacturer, who then has 30 days to
replace the vehicle or refund your money.
If you win after a decision by the informal dispute settlement
procedure, the manufacturer has 30 days after the decision to replace or
Always consult an attorney to make certain of your
particular rights and remedies under the law.
For further information, call or write to:
Louisiana State Bar Association
601 St. Charles Avenue
New Orleans, LA 70130-3427