Buying a new car can be an exciting experience for the whole family; however, it can also be a huge hassle if the car turns out to be a lemon. Like all states, Louisiana has a Lemon Law that covers such an eventuality. The Louisiana Lemon Law states that if a new vehicle fails to live up the warranty and has a chronic defect that makes the vehicle unsafe for the occupants or impairs either the use of the vehicle or its resale value the vehicle is a lemon. The vehicle has to have been in the repair shop at least four times for the same complaint while the warranty is still in effect or within one year from when it was first purchased. It might also qualify as a lemon if it was unavailable for a total of 45 days.
The vehicles that are covered by the Louisiana Lemon Law:
* Any motor driven vehicle purchased in Louisiana that requires registration and is used to convey people or goods for any use
* All terrain vehicles and watercraft that are used only for personal, non-commercial purposes and still under manufacturer’s warranty
* The drive train and chassis of a motor home that is under warranty
Conversely, the vehicles that are not covered by the Louisiana Lemon Law are vehicles that have been used for demonstration purposes, newly leased vehicles, motorcycles, recreational vehicles and mobile homes.
The responsibility of the manufacturer:
Under the Lemon Law in Louisiana the manufacturer or the manufacturer’s authorized dealer must replace the vehicle, repair the defect or refund the purchase price.
The vehicle owner must allow the manufacturer four attempts to repair the defect. If it has not been repaired during these attempts or if the vehicle is inoperable due to the defect for 45 days then it has to be replaced or the price refunded. There is only 10 days in which to resolve the problem.
Arbitration:
It is mandatory in Louisiana to work with the manufacturer’s free arbitration or mediation service. Of course if that does not result in a satisfactory conclusion you have the right to hire a lawyer and sue.
Regardless of whether you go through arbitration or turn to the courts you must keep all the records that pertain to the problem. Any receipts and service orders will have to be presented, also maintain a log of all the days the vehicle was not available for your use.
The Louisiana Lemon Law is in place to provide a consumer protection in the event he or she purchases a vehicle which turns out to be a lemon. Visit yourlemonlawrights.com site for full information.
