Louisiana Lemon Laws for Used Cars: What To Know
Photo by Arvid Skywalker on Unsplash
Lemons may be great at a crawfish boil, but they are terrible at car dealerships. The last thing you want is to buy a car only for it to be falling apart the next day. And while the stress of not having a working car is terrible, at least Louisiana lemon laws protect your wallet from taking the worst of the damage. If you’ve bought a new car in Louisiana and are thinking it might be a dud, or you just want to do your research before buying, CoPilot is here to help you.
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Which Vehicles are Eligible?
Like most states, lemon laws in Louisiana protect buyers of new cars, trucks, and vans. Unlike most other states though, Louisiana also covers personal watercraft and ATVs. On the other hand, mobile homes, RVs, and motorcycles are not eligible for lemon law protections. The vehicle also needs to be purchased in Louisiana; regardless of where you live, vehicles are covered exclusively by the lemon laws in the state they were sold in.
Vehicles are eligible for these protections for the first year after it is sold or while it is covered under warranty, whichever comes first. So, if your car came with a 2-year/24,000-mile warranty, if you drive 25,000 miles in the first nine months, those protections expire. And while this typically only applies to new cars, if you buy a used car while it is still under warranty and less than a year old, the protections still apply.
What is a Lemon?
A car is a lemon if it has some serious defect or nonconformity that drastically impacts its usability or market value. This nonconformity has to be caused by the manufacturer’s failure, not due to the mistreatment and misuse of the consumer. It also needs to be a problem that the manufacturer or dealership cannot fix within a reasonable time.
ARE YOU ABOUT TO BUY A RECALLED VEHICLE?
Factory recalls are issued when a vehicle fails to meet safety or quality standards. If you’re shopping for a used car, see if any factory recalls have been issued before buying
If there is only one problem making the car unsafe or unusable, and the dealership makes four unsuccessful attempts to remedy the problem, that car is a lemon. Or, if there are a multitude of problems, a car is a lemon if the necessary repairs leave your new car out of service for 45 or more days during the one-year eligibility period. Make sure to keep a detailed record of all repairs your car undergoes, noting the mileage and date when you take it in and when you get it back, what it’s going in for, and ask for a report of what was done to try to repair it.
What Comes Next?
If you believe that your car is a lemon, you can start mediation with the manufacturer to try to reach a settlement together. You will have to fill out forms and provide records and receipts proving that the car was either unsuccessfully brought in for repairs on four separate occasions or has been inoperable for 45 days. If you can both agree that the car is a lemon, you can request a refund for your new car or a replacement with a similar car of equal value. The manufacturer has ten days to remedy the problem with a refund or replacement. However, they might argue that the car is not a lemon.
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They might argue that the problem is not significant enough, or they might say that the defect was caused by user error. If you believe your car is a lemon, but you are not granted your compensation through mediation, the next step is to move on to arbitration. There, an impartial third party will look over the evidence you provide (receipts and records of attempted repairs) and decide whether or not the manufacturer owes you compensation for your car. If this attempt is still unsuccessful, but you still believe your car is covered under the lemon laws in Louisiana, your last recourse is to file suit against the manufacturer.
If your car is deemed a lemon at any stage of the process above, you are entitled to the full purchase value or a replacement vehicle of equal value within 30 days. You should also be compensated for any rentals needed while your car was under repair, up to $20 per day, as well as any expenses associated with getting the vehicle titled and registered.
Get a curated list of the best used cars near you
The CoPilot car shopping app is the easiest way to buy a car. Tell us what you’re looking for and we’ll search the inventories of every dealership in your area to make you a personalized list of the best car listings in your area.
Only looking for newer models? CoPilot Compare is the search engine for nearly-new cars. Only see cars five years or newer with low mileage — CoPilot Compare is the best way to find off-lease, early trade-in, and CPO cars.
The best part? CoPilot is built using the same technology that dealerships use to buy and sell their inventories, so we have more info on each vehicle than competitors. CoPilot doesn’t work with dealerships, so there are no sponsored posts or other shady practices — just the most info on the best cars. Check out our About Us page to see how CoPilot works.
