Last verified: February 2026
Key Points
- Primary Law: Louisiana Motor Vehicle Warranty Enforcement Act (La. R.S. 51:1941-1948)
- Coverage: New motor vehicles used primarily for personal, family, or household purposes
- Coverage Period: Express warranty term or 1 year from original delivery, whichever is earlier
- Presumption: 4+ repair attempts OR 45+ days out of service (90 days for motor homes)
- Remedies: Replacement vehicle or full refund at consumer’s choice
- Arbitration: Manufacturer informal dispute settlement may be required if certified
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Collateral charges and incidental costs |
| Resale of returned lemon without disclosure | Title branding required | Deceptive trade practice penalties |
| Bad faith manufacturer conduct | Actual damages | Attorney fees and costs |
Table of Contents
📑 Table of Contents (click to expand)
- Louisiana Lemon Law Overview
- What Vehicles Are Covered
- The Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Dispute Settlement Procedures
- Manufacturer Defenses
- Motor Home Protections
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
Louisiana Lemon Law Overview
Louisiana’s lemon law, known as the Motor Vehicle Warranty Enforcement Act (Louisiana Revised Statutes 51:1941 through 51:1948), provides consumer protections for buyers and lessees of defective new motor vehicles in the Pelican State. This law ensures that Louisiana consumers who purchase vehicles with persistent, unrepairable defects have meaningful remedies available.
Louisiana’s lemon law is notable for its specific provisions for motor homes, which have extended timeframes and different presumption requirements compared to standard motor vehicles. The law recognizes that motor homes are complex vehicles requiring additional time for diagnosis and repair.
The law requires manufacturers to repurchase or replace vehicles that cannot be brought into conformity with the manufacturer’s express warranty after a reasonable number of repair attempts. Louisiana’s Attorney General’s Office oversees consumer protection matters and can provide information about lemon law rights.
What Vehicles Are Covered
Under La. R.S. 51:1941, Louisiana’s lemon law covers specific types of motor vehicles.
Covered Vehicle Types
- New motor vehicles: Vehicles sold new in Louisiana
- Passenger automobiles: Sedans, coupes, hatchbacks, and similar vehicles
- Trucks: Pickup trucks used primarily for personal, family, or household purposes
- Vans: Passenger vans and minivans
- Motor homes: Subject to special provisions
- Leased vehicles: New vehicles acquired through lease agreements
Vehicles Not Covered
- Motorcycles
- Vehicles used primarily for commercial purposes
- Off-road vehicles
- Vehicles with a gross vehicle weight rating exceeding 10,000 pounds (except motor homes)
- Used vehicles
- Vehicles purchased primarily for resale
Coverage Period
Louisiana’s lemon law coverage period is the earlier of:
- The term of the express warranty, OR
- One year following the date of original delivery to the consumer
Problems must first be reported within this period to qualify for lemon law protection.
The Lemon Law Presumption
Under La. R.S. 51:1944, Louisiana law creates presumptions that help consumers prove their lemon law cases.
The Lemon Law Presumption for Standard Vehicles:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Same nonconformity continues to exist after 4+ repair attempts |
| Days Out of Service | 45 or more calendar days | Cumulative total during warranty period for repair of any nonconformity |
| Timeframe | Within warranty term or 1 year | Whichever is earlier from date of original delivery |
Motor Home Presumption
Motor homes have modified presumption requirements:
- Days Out of Service: 90 or more calendar days (instead of 45)
- Repair Attempts: Standard 4+ attempts still apply
Written Notice Requirement
The presumption applies only after the consumer has provided written notice to the manufacturer. This notice must be sent by certified mail, return receipt requested, and must describe the nonconformity and request repair.
Manufacturer’s Response Time
After receiving written notice, the manufacturer must:
- Notify the consumer of a reasonably accessible repair facility
- Have 10 business days from delivery of the vehicle to repair the nonconformity
What Qualifies as a “Nonconformity”?
A nonconformity is a defect or condition that substantially impairs the use, market value, or safety of the motor vehicle and is covered by the manufacturer’s express warranty. Examples include:
- Engine or transmission failures
- Brake system malfunctions
- Steering defects
- Electrical system failures
- Safety restraint system problems
- Fuel system issues
- Suspension defects affecting handling
Consumer Remedies: Refund vs. Replacement
When a manufacturer cannot conform a motor vehicle to the express warranty after meeting the presumption requirements, La. R.S. 51:1944 requires the manufacturer to provide remedies.
Consumer’s Choice
If the manufacturer fails to repair the nonconformity after the presumption applies, the consumer may elect either:
- A comparable replacement motor vehicle, OR
- A full refund of the purchase price
Option 1: Replacement Vehicle
The manufacturer must provide:
- A comparable new motor vehicle acceptable to the consumer
- Payment of all collateral charges
- All applicable express warranties
Option 2: Full Refund
The manufacturer must refund:
- Full purchase price: The total amount paid for the vehicle
- Collateral charges: Finance charges, sales tax, registration fees, title fees, and similar costs
- Incidental damages: Reasonable costs for towing, rental vehicles, and similar expenses
Reasonable Allowance for Use: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. Louisiana’s formula:
Allowance = (Purchase Price × Miles Driven) ÷ 120,000
For motor homes, the allowance is calculated based on the specific purchase price of the motor home.
Refunds are distributed to the consumer and any lienholder, as their interests may appear.
How to File a Lemon Law Claim in Louisiana
Successfully pursuing a Louisiana lemon law claim requires careful documentation and following proper procedures.
Step 1: Document All Problems and Repairs
- Keep all repair orders and service invoices
- Record exact dates the vehicle was at the dealership
- Document specific symptoms and problems in detail
- Save all correspondence with the dealer and manufacturer
- Note odometer readings at each repair visit
- Take photographs or videos of defects when possible
Step 2: Report Problems Within Coverage Period
Report each nonconformity to an authorized dealer or the manufacturer as soon as it occurs. Ensure problems are reported within the warranty term or within one year of original delivery, whichever is earlier.
Step 3: Send Written Notice to Manufacturer
After the presumption requirements are met (4 repair attempts or 45 days out of service), send written notice to the manufacturer by certified mail, return receipt requested. Include:
- Your name and contact information
- Vehicle information (year, make, model, VIN)
- Detailed description of the nonconformity
- Complete repair history
- Request for repair or replacement/refund
Step 4: Allow Final Repair Opportunity
After receiving your notice, the manufacturer has 10 business days to repair the vehicle at the designated facility.
Step 5: Pursue Resolution
If the manufacturer fails to repair the vehicle:
- Use any manufacturer informal dispute settlement procedure (if required)
- File a complaint with the Louisiana Attorney General’s Office
- File a civil lawsuit in Louisiana courts
Dispute Settlement Procedures
Louisiana law addresses manufacturer informal dispute settlement procedures.
Manufacturer Programs
If a manufacturer has established an informal dispute settlement procedure that substantially complies with FTC regulations (16 C.F.R. Part 703), the consumer may be required to use that procedure before pursuing court remedies. The availability of such a procedure must be clearly disclosed to the consumer.
Requirements for Valid Programs
Manufacturer arbitration programs must:
- Comply with Federal Trade Commission requirements
- Operate in an impartial manner
- Issue decisions within a reasonable timeframe
- Consider lemon law remedies including replacement and refund
State Resources
The Louisiana Attorney General’s Office provides consumer protection services and can offer information about lemon law rights and procedures.
Manufacturer Defenses
Manufacturers may raise defenses to lemon law claims in Louisiana.
Valid Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Defect not substantial | Nonconformity does not substantially impair use, value, or safety | Document specific impacts on vehicle use, value, or safety |
| Consumer abuse or neglect | Defect caused by abuse, neglect, or unauthorized modifications | Provide maintenance records showing proper care |
| Outside coverage period | Problem reported after warranty term or one year expired | Show documentation of reports within coverage period |
| No written notice | Consumer failed to provide required written notice | Provide certified mail receipts and return receipt |
Suspension of Time Periods
Louisiana law provides that the time periods for repair may be suspended if repair services cannot be performed due to war, invasion, strike, fire, flood, or natural disaster. Given Louisiana’s vulnerability to hurricanes, this provision can be significant.
Motor Home Protections
Louisiana’s lemon law includes specific provisions for motor homes that differ from standard vehicles.
Motor Home Presumption
- Days Out of Service: 90 or more calendar days (instead of 45 for regular vehicles)
- Repair Attempts: 4 or more attempts for the same nonconformity (same as regular vehicles)
Coverage
Motor homes are defined as motor vehicles that provide temporary living quarters. Both the motor vehicle components and the living facility components may be covered, depending on the warranty and the nature of the defect.
Special Considerations
Due to the complexity of motor homes, which combine vehicle systems with living quarters, owners should:
- Distinguish between drivetrain/chassis issues and living facility issues
- Document which systems are affected by each nonconformity
- Understand that different components may have different warranty coverage
Electric Vehicle Considerations
Electric vehicles are covered under Louisiana’s lemon law. EV owners should be aware of unique issues.
Common EV Defects That May Qualify
- Battery capacity degradation beyond manufacturer specifications
- Charging system failures
- Range substantially below manufacturer representations
- Electric motor malfunctions
- Software defects affecting vehicle operation
- Thermal management system failures
- Regenerative braking problems
- High-voltage system issues
Louisiana Climate Considerations
Louisiana’s hot, humid climate can affect EV battery performance and charging systems. Keep records of:
- Charging history and any failures
- Range performance versus specifications
- Battery health reports
- Software update records
- Error codes and diagnostic information
Statute of Limitations
Understanding Louisiana’s timing requirements is essential for lemon law claims.
Key Deadlines
- Coverage period: Express warranty term or 1 year from delivery, whichever is earlier
- Written notice: Required by certified mail after presumption requirements met
- Manufacturer repair opportunity: 10 business days after vehicle delivery to designated facility
- Arbitration: Must use manufacturer certified program if available before court action
- Court action: Must be filed within applicable statute of limitations
Natural Disaster Extension
Louisiana law provides that time periods may be suspended during war, invasion, strike, fire, flood, or natural disaster. This provision may apply during hurricane events or other emergencies affecting the state.
Frequently Asked Questions
How many repair attempts are required before my vehicle qualifies as a lemon in Louisiana?
Louisiana law presumes a vehicle is a lemon after four or more repair attempts for the same nonconformity within the coverage period, or if the vehicle has been out of service for 45 or more cumulative calendar days (90 days for motor homes) during the warranty period. You must also provide written notice to the manufacturer by certified mail.
Does Louisiana’s lemon law cover used vehicles?
No, Louisiana’s lemon law applies only to new motor vehicles used primarily for personal, family, or household purposes. Used vehicles are not covered. However, used vehicle buyers may have remedies under Louisiana’s general consumer protection laws, the Louisiana Unfair Trade Practices and Consumer Protection Law, or the federal Magnuson-Moss Warranty Act.
What is the coverage period under Louisiana’s lemon law?
The coverage period is the earlier of the express warranty term or one year following the date of original delivery to the consumer. Problems must be first reported within this period to qualify for lemon law protection.
How is the usage allowance calculated in Louisiana?
The usage allowance is calculated by multiplying the purchase price by the total miles driven, then dividing by 120,000. For example, if you paid $36,000 and drove 6,000 miles, the usage allowance would be $1,800.
Why do motor homes have a 90-day out-of-service requirement instead of 45 days?
Louisiana law recognizes that motor homes are complex vehicles combining automotive and living systems. The extended 90-day period allows additional time for diagnosis and repair of these more complicated vehicles while still providing meaningful lemon law protection.
What should I do if a hurricane or natural disaster affects my lemon law timeline?
Louisiana law allows for suspension of time periods when repair services cannot be performed due to natural disasters, including hurricanes. Document the dates when repair was unavailable due to the disaster and how this affected your ability to seek repairs.
Must I send written notice by certified mail?
Yes, Louisiana law requires that written notice to the manufacturer be sent by certified mail, return receipt requested. This provides proof that the manufacturer received your notice, which is essential for invoking the lemon law presumption.
Resources and Legal Help
Official Resources
- Louisiana Revised Statutes 51:1941-1948: Motor Vehicle Warranty Enforcement
- Louisiana Attorney General: Consumer Protection
- Louisiana Office of Motor Vehicles