Lemon laws in Louisiana were enacted by the legislature of the state in 1984 and the statutes are designed to protect consumers in cases where defective vehicles are purchased and even after repeated attempts the manufacturer cannot rectify the problem. Under the law anybody who purchases a new vehicle for personal, household or family use will have access to remedies against the manufacturer and the dealership of the automobile if the vehicle does not conform with the terms and conditions of the manufacturers express warranty.
How can you benefit from the law? To benefit from the law, you need to:
· Ensure that any nonconformity is reported to the manufacturer while the vehicle is still under warranty · The vehicle should be available for repair before the warranty expires and the manufacturer or dealership should be given a reasonable number of attempts to repair any defects · The manufacture should be notified of such defects within the warranty period or within 12 months of vehicle delivery which ever is ends earlier.
The manufacturer or dealer is obligated to make repair that conform to the terms and conditions of the warranty; however, despite repeated attempts if the problem cannot be resolved; the consumer is entitled to a refund or replacement.
The Refund: If the manufacturer cannot rectify the defects in a vehicle within four attempts while the vehicle is covered by the express warranty or during the period of one year after the date of delivery of the vehicle to the consumer. Or if the vehicle has been out of service for a period exceeding 30 days not necessarily in succession, the manufacturer will have to accept the motor vehicle and refund the full purchase amount, any incidental expenses incurred as well as title, registration and other charges. All collateral cost will have to refunded except for a small deduction for vehicle usage.
.The Deductions:
According to the lemon laws in Louisiana, a reasonable allowance can be deducted by the manufacturer for the mount of usage before the first notice of nonconformity and for any time after this notice when the vehicle is operational
The Replacement:
In this case the manufacturer has to replace the lemon with another vehicle of the same, make, model, performance, class and price range.
What if the manufacturer refuses to refund or replace?
If the manufacturer refutes your claims of a refund or replacement, find out if the manufacturer has an informal dispute settlement procedure in place, If so, according to the lemon laws in Louisiana, you will have to follow such procedure before the law applies to your scenario. The next step would be to consult with an attorney who handles cases related to lemon laws in Louisiana.
Who pays for the attorney?
According to the statutes, if the ruling is in you favor the manufacturer will also have to incur the cost of your attorney
What is the time limit for a refund or replacement?
If you win the case, you will have to return the lemon and the certificate of title along with any other documents associated with the ownership of the vehicle to the manufacturer. After this, the manufacturer has 30 days to abide according to the verdict and replace the vehicle or offer refund.
Can I go to court over the matter?
If your dispute cannot be resolved after the informal arbitration attempt, you can move court in the matter. You will need to keep a lemon law attorney along to ensure that you matter is appropriately presented in court
What are my chances of winning?
If you intend t represent yourself, your chances are not too bright. However, if you do the prudent thing and enlist the help of an attorney, you ma get everything that you have rightfully lost by purchasing the lemon
Can I do anything to improve my chances of wining the case?
Keep all the documents related to the purchase of the car and the repair attempts along with records of communication with the dealer or manufacturer. You will need to present this hard evidence to stand a chance if winning.
