For most people, buying a new car is a wonderful experience. For many young couples, their first new car represents many months of saving and scrimping. Although it does not happen often, there is no way to know by looking at the car whether it is a lemon or not; if it is what is your recourse in Louisiana?
What does Louisiana law say about lemons?
The office of the Attorney General in Louisiana defines a lemon vehicle to be one that is new and has a defect that is detrimental to its use or value. A car is considered to be a lemon if it has gone in the shop four times to repair the same defect within the warranty period or one year from the date you took possession or it has not been available for a total of 45 days during the same time frame.
The vehicles that are covered under the Louisiana Lemon Law are:
- Passenger cars that were purchased in the state
- Commercial motor vehicles purchased in the state
- ATVs and watercraft purchased since August 1999 and still under warranty, and
- The drive train and chassis of motor homes purchased since August 1999 and still under warranty
Motor cycles, leased vehicles and vehicles used as demonstrators are not covered by the Louisiana Lemon Law.
Filing a claim:
In Louisiana there is a free mediation and arbitration service available, you must deal directly with the vehicle manufacturer during this process.
It is the responsibility of the manufacturer or his authorized dealer to repair the faulty vehicle or replace it. When repairing the defects proved futile the problem must be resolved within 10 business days.
If it proves impossible to mediate a mutually agreeable solution an independent third party will be called upon to arbitrate and make a ruling that is binding. If neither solution is to your liking you can hire a Lemon Law attorney and file a lawsuit.
The Lemon Law in Louisiana provides for a mediation and arbitration process. If you can reach a settlement you should hire a seasoned Lemon Law attorney to sue for damages. For further information, you are invited to visit us