The lemons laws in Louisiana cover a range of consumer durables as well as vehicles such as SUVs, trucks, leased cars, new passenger vehicles and vehicles under 10,000 lbs. In order to be considered a lemon under the consumer right laws in the state of Louisiana, a vehicle should meet the following requirements:
It should not conform with the written warranty provided by the manufacturer
The defects in the vehicle should be serious enough to deteriorate its market value, impede its operation and/or make it unsafe for use
The vehicle should have a manufacturer defect that was reported while the warranty was still in effect or within the first year after delivery
Has been sent to the repair shop at least 4 times for the same problem or has been out of service for a 90 days after purchase but not necessarily consecutive 90 days
The vehicle is not used for professional or trade activities, it is a personal or family use vehicle.
According to the lemon laws in Louisiana, if your car meets with the above requirements, it can be deemed as a lemon; however, you are expected to notify the manufacturer of any issue that you may have with the vehicle while it is still under warranty or within 12 months from purchase (delivery of the vehicle). You will also have to go through an arbitration process designer to resole the dispute without approaching the court. But if you fail to get a satisfactory solution out of the arbitration attempt, you can approach the court to the settle the issue.
If you do intend to go through with a lemon law suit against the manufacture, you should definitely get yourself a skilled attorney who has experience in handling cases related to the Louisiana lemon laws. You have to understand that the manufacturer will send in their cavalry of lemon law attorneys to court and you will not stand too much of chance if you were to plead your case on your own. On the other hand, not only is seeking representation in the matter free because the lawyer will collect his fees from the manufacturer after you win but also when you get your lawyer along, you are sending a very strong message to the manufacturer that you are not going to take this lying down.
There are several options for compensation under the lemon laws in Louisiana, if you win the case, you can get a replacement vehicle of the same model, brand and year or you may also receive a refund. The refund will generally include:
The full contract price paid by the customer at the time of purchase
Charges for any manufacture or dealer accessories and installations
Incidental expenses such as those for towing, renting another car, phone calls and staying in a hotel if the car gives way when you are out of town
However, the manufacture can and usually will charge you for vehicle usage. This amount is calculated based on the number of miles that you clock on the vehicle. After the ruling in your favor, the manufacturer will only have a month to either offer a refund or replacement.
Most manufacturers and dealers would prefer to offer you a replacement because your finance plan simply has to be transferred to the other vehicle. Make sure that you maintain a meticulous and diligent record of all documentation in relation to the purchase of the vehicle. This includes purchase receipts, invoice of repairs, any communication that you may have had with the dealer or manufacturer etc. Tackling a lemon can be very taxing if you don’t have a second car at your disposal; fortunately, you do not have to put p with the situation anymore because the lemon laws in Louisiana are designed to protect the consumer’s right in cases where unscrupulous establishments sell inherently defective products without offering proper information to the consumer.