Who is covered under Louisiana lemon law?
Louisiana lemon law covers new and used vehicles that are motor-driven
and are required to be licensed or registered before being driven. This
includes all-terrain vehicles, the vehicular portion of motor homes, and
watercraft, as long as these vehicles are not used for commercial purposes.
Vehicles with a gross vehicle weight of 10,000 pounds or more and vehicles
that are used solely for commercial purposes are excluded.
What is covered by Louisiana lemon law?
According to Louisiana lemon law, a manufacturer must repair any defect
that causes the vehicle to fail to conform to its warranty, as long as
the defect is reported within the warranty period or the first year of
ownership. If the manufacturer has had a reasonable chance to repair the
vehicle but the nonconformity still exists, the consumer has the right
to demand that the manufacturer replace or repurchase the vehicle.
Under Louisiana lemon law, the manufacturer is presumed to have had a reasonable chance to repair the vehicle if there were four unsuccessful attempts to repair the nonconformity or if the vehicle was out of commission for repairs for a cumulative total of 90 calendar days. If the vehicle is a motor home, the manufacturer must be given written notice of the nonconformity, and must have a final chance to repair it.
Furthermore, Louisiana lemon law states that the manufacturer has the responsibility to reimburse the consumer $20 per day for alternate transportation while the vehicle is in the dealer's hands for warranty repairs, if they have already had two chances to repair the nonconformity.
Filing a claim under Louisiana lemon law
In order to demand a repurchase or replacement vehicle under Louisiana
lemon law, the consumer must file a claim within three years of receiving
the vehicle or one year after the warranty expires, whichever comes later.
If an owned vehicle is repurchased, the manufacturer must pay a sum equal
to the full purchase price including all fees paid at the time of purchase
and all government charges such as tax, tags, and registration fees. A
reasonable amount for usage of the vehicle can be deducted from this sum.
If a leased vehicle is repurchased, the manufacturer must also pay the lessee all costs associated with the lease of the lemon vehicle, including early termination fees and finance charges. The usage allowance is deducted from this sum.
When replacing a vehicle under Louisiana lemon law, the new vehicle must
have a comparable make and value as the original. No offset for usage
is allowed for replacement vehicles.
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