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Louisiana

LOUISIANA Lemon Law:

La. Rev. Stat. Ann. §§ 51:1941 to 51:1948

Vehicles covered: Passenger motor vehicles sold in state; also

covers all-terrain vehicles; personal watercraft; and chassis and

drive train of motor homes sold in the state on or after Aug. 15,

1999; excludes vehicles other than motor homes that have a gross

vehicle weight of 10,000 lbs. or more and commercial vehicles

(§ 51:1941(6)).

Persons covered: Purchasers, transferees during express warranty

period, any person entitled to enforce the warranty, and lessees

when vehicle normally used for personal, family, or household

purposes (§ 51:1941(2)).

Period covered: Whichever comes first: expiry of the warranty

term or one year from date of delivery (§§ 51:1943(A)(1),

51:1942).

Disclosure requirements: None for manufacturer.

Required consumer notice: Report the nonconformity to the manufacturer

or any authorized dealer (§ 51:1942). Special provisions

for notice to manufacturer in the case of a motor home

(§ 51:911.24.1(A)(1)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

four or more repairs, or the vehicle is out of service for a cumulative

total of ninety or more calendar days (§§ 51:1943(A),

51:1944(A)). Opportunity to cure after required notice from consumer

(§ 51:1942).

Affırmative defenses: Statute of limitations (§ 51:1944(E)).

Replace/refund: At the manufacturer’s option, the manufacturer

shall replace with a comparable new vehicle, or accept a return and

refund the full purchase price minus a reasonable use allowance

(defined) (§ 51:1944(A)). For leases, see § 51:1944(B).

Other reimbursement: Any amounts paid by the consumer at the

time of sale and collateral costs (§ 51:1944(A)(2)). Temporary

replacement (§ 51:1948). Attorney fees (§§ 51:1947, 51:1948(C)).

For leases, see § 51:1944(B).

Other remedies: There is no limit on other consumer remedies

(§ 51:1946).

Informal dispute resolution: For remedies under this section a

consumer must use an informal dispute settlement procedure established

by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703 (§ 51:1944(D)).

Resale of lemon: Full disclosure required. Certificate of Title must

include notice that car was returned because it did not conform to

its warranty (§ 51:1945.1).