Lemon Law in Louisiana

Few things can be as frustrating as buying a new car, only to find that it is defective or unsafe. A major purchase such as a car should be conducted in good faith, but this is not always the case. If you are facing such a situation in Louisiana, you can exercise your rights through Louisiana’s Lemon Laws. However, you may want to seek the counsel of a Louisiana lemon law attorney to be certain you can exercise your rights.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.

When Do Louisiana Lemon Laws Apply?

Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:

  • The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
  • There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
  • The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.

How Do You Ensure the Application of Lemon Laws?

There are some common practices that you can take that better position you when citing lemon law:

  • You should only take the vehicle to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts to fix the problem.
  • Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, you have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.

Lemon law statutes vary by state. You should research the lemon law requirements in Louisiana to ensure you remain within the legal confines.

Louisiana Lemon Law protects consumers when they purchase a defective automobile. However, the defect must directly affect the vehicle’s value or performance. These protections come in 1 of 2 forms. Louisiana residents that are invoking lemon law protections can either receive a replacement vehicle from the manufacturer or dealer, or, they can receive a full refund at the purchase price, and whatever costs were included in the sale.

What Exactly Are Consumers Entitled To Under Lemon Laws?

You have a legal entitlement to a replacement vehicle or refund if Louisiana lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:

  • Down payment
  • Registration
  • Taxes
  • Car rentals
  • Monthly payments
  • Tow expenses
  • Attorney costs

Do Lemon Laws Apply to Used Vehicles?

Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.

Pocket Sense affirms that although Louisiana’s Lemon laws do not exclude used cars, there are restrictions that residents should be aware of. Used cars are only covered within the first year of ownership, or until the manufacturer’s express warranty expires, whichever is sooner.

When Should You Hire a Qualified Louisiana Lemon Law Attorney?

Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Louisiana lemon law attorney.

How Does the Lemon Law Litigation Process Work?

Consumers can expect to go through a series of motions by bringing in an experienced Louisiana lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Louisiana lemon law attorneys, you can expect the following:

  • Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
  • Filing Your Claim – Your Louisiana legal representative should handle filing a claim with the manufacturer after determining the facts.
  • Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
  • Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
  • Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Louisiana law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

While it may not be uncommon for a resident to unknowingly purchase a lemon, it is quite uncommon for these cases to appear before the Louisiana Courts. The Louisiana Attorney General states that a resident must enter into good faith arbitration with a dealer or manufacturer before moving forward with any case.

Therefore, before a settlement or refund can be received, or a replacement vehicle offered, both sides must go through arbitration. If you find yourself headed towards arbitration, you may want to seek the counsel of an experienced lemon lawyer in Louisiana.

Work With an Experienced Local Lawyer In Louisiana

Do you need immediate help? Then one of our experienced lawyers in Louisiana can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Louisiana state lines!

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Louisiana lemon law attorney!

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