Lemon Law

Buying a new car can be an exciting experience. Maybe you're trading in the clunker your grandparents gave you when you first obtained your license, or maybe you're finally getting rid of that gas guzzler. Either way, you're ready to cruise the streets in your new ride.

However, buying a new car can also be a hassle―if you happen to buy a lemon.

Lemons

A "lemon" is a new vehicle that fails to conform with the warranty. It has a defect that causes impairment to the vehicle's value, safety, or use. In addition, the vehicle is unable to be repaired after four attempts during the time of the warranty or one year after its purchase, whichever is sooner.

However, if the vehicle is out of service for a total of 90 days, it may also be a lemon.

Louisiana Lemon Law

Louisiana provides the Lemon Law to protect consumers from purchasing lemons. The law also helps reimburse drivers for such a purchase.

Vehicles covered under the Louisiana Lemon Law include:

• Passenger motor vehicles sold in Louisiana.

• Passenger and commercial motor vehicles sold in Louisiana.

• Personal watercrafts still under warranty on or after April 15, 1999, or sold in Louisiana.

• All-terrain vehicles still under warranty on or after April 15, 1999, or sold in Louisiana.

• Drive train and chassis of a motor home that is used for personal and not commercial uses still under warranty on or after April 15, 1999, or sold in Louisiana.

Vehicles not covered under the Lemon Law include:

• Newly-leased vehicles

• Demonstrator vehicles

• Motorcycles

• Mobile homes

• RVs

Note that Louisiana also has the Redhibition Law. The Redhibition Law works the same as the Lemon Law, except it offers protection against both new and used vehicles.

Manufacturer's Responsibility

Under the Louisiana Lemon Law, the vehicle's manufacturer or the authorized dealer must either repair or replace the vehicle.

If the vehicle can't be repaired after four attempts and the expressed warranty has expired or it's been more than one year after the date of purchase, the manufacturer or dealer is still obligated to attempt to repair the nonconformity.

After the manufacturer or dealer has made four unsuccessful repair attempts, or the vehicle has been inoperable for 90 days due to repairs, the vehicle must be replaced or refunded. The problem must be resolved within 30 days of an offer to transfer the title or within 30 days of an informal dispute resolution.

While the vehicle is being repaired, the purchaser may choose to rent another vehicle. If so, the manufacturer must reimburse the purchaser up to $20 daily, as long as the vehicle is still covered under the expressed warranty and the repair is to a nonconformity covered in the warranty.

What to Do if You Have a Lemon

If your vehicle is a lemon, you must first work with the manufacturer through the free mediation and/or arbitration procedures.

Make sure to keep all receipts dealing with vehicle repairs and maintenance. You'll need to present this information during the arbitration procedures.

If no settlement or satisfaction can be reached, you'll probably want to seek the aid of an attorney who specializes in the Louisiana Lemon Law.

The Better Business Bureau offers comprehensive information on how to file a complaint regarding the Lemon Law or auto warranty.

Protect Yourself

Before you purchase a vehicle, do some research. In addition to the Better Business Bureau, you can also contact Louisiana's Attorney General Consumer Protection Section.

Talk with people who have experience with the same vehicle, and make sure you fully understand the vehicle's warranty and all procedures that will be taken should the vehicle turn out to be a lemon.

FREQUENTLY VISITED DMV.ORG SECTIONS

• Louisiana Vehicle Code
• Vehicle History Reports
• Buying and Selling Vehicles
• Automotive Law and Attorneys