The following definitions apply when used in this Chapter:
"Collateral costs" means sales tax, license fees, and
registration fees and any similar governmental charges.
The purchaser, other than for purposes of resale, of a
new motor vehicle normally used for personal, family, or
household purposes and subject to a manufacturer's express
A person, other than for purposes of resale, to whom a
motor vehicle is transferred during the duration of an express
warranty applicable to the motor vehicle;
A person to whom a motor vehicle is
Any other person entitled to enforce the warranty.
"Dealer" means a person authorized by the manufacturer
and actively engaged in the business of buying, selling, or
exchanging new automobiles, new personal watercraft, new
all-terrain vehicles, or new motor homes at retail and who has
an established place of business.
"Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, who manufactures
or assembles new and unused motor vehicles.
"Manufacturer's express warranty" and
"warranty" mean the written warranty of the
manufacturer of a new motor vehicle of its condition and fitness
for use, including any terms or conditions precedent to the
enforcement of an obligation under that warranty.
"Motor vehicle" means a passenger motor vehicle or a
passenger and commercial motor vehicle as defined in R.S.
32:1252(13), sold in this state on or after September 1, 1984.
"Motor vehicle" shall include a personal watercraft as
defined in R.S. 34:855.2 and an all-terrain vehicle as defined
in R.S. 32:771(1), sold in this state or still under warranty on
or after August 15, 1999, which is used exclusively for personal
and not commercial purposes. "Motor vehicle" shall
include the chassis and drive train of a motor home as defined
in R.S. 32:1252(12), sold in this state or still under warranty
on or after August 15, 1999, which is used exclusively for
personal and not commercial purposes. For the purposes of this
Chapter, the following motor vehicles are excluded:
Motor vehicles, except for motor homes, 10,000 GVW or above.
Motor vehicles used exclusively for commercial purposes.
"Nonconformity" means any specific or generic defect
or malfunction, or any defect or condition which substantially
impairs the use and/or market value of a motor vehicle.
Manufacturer's duty to repair; nonconformity
If a new motor vehicle does not conform to an applicable express
warranty, and the consumer reports the nonconformity to the
manufacturer or any of its authorized motor vehicle dealers and
makes the motor vehicle available for repair before the
expiration of the warranty or during a period of one year
following the date of the original delivery of the motor vehicle
to a consumer, whichever is the earlier date, the manufacturer,
its agent, or its authorized dealer shall make such repairs as
are necessary to conform the vehicle to such warranty,
notwithstanding the fact that such repairs are made after the
expiration of such terms or such one-year period.
Express warranties; time limit to conform
(1) It shall be presumed that a reasonable number of attempts
have been undertaken to conform a motor vehicle to the
applicable express warranties if the vehicle is out of service
by reason of repair for a cumulative total of ninety or more
calendar days or the same nonconformity has been subject to
repair four or more times by the manufacturer, its agent, or its
authorized dealer within the warranty term or during a period of
one year following the date of the original delivery of the
motor vehicle to the consumer, whichever is the earlier date.
(a) Notwithstanding the provisions of Paragraph (1) of this
Subsection, in the case of a motor home, the consumer shall
provide written notification to the manufacturer of any of the
(i) The need to
repair the nonconformity.
(ii) Evidence of
a cumulative total of at least ninety days of the motor home
being out of service.
that the same nonconformity has been subject to repair four or
more times by the its agent, or its authorized dealer
within the warranty term or during a period of one year
following the date of the original delivery of the motor vehicle
to the consumer, whichever is the earlier date.
(b) Upon such
notification, the manufacturer shall have a final attempt to
repair the vehicle. The manufacturer shall have five business
days upon receipt of such notification to respond to the
consumer as to where the motor home may be delivered for repair.
The repair facility shall be one which is authorized by the
manufacturer to perform the necessary warranty work.
delivered, the repair facility shall have ten business days
within which to conform the vehicle to the applicable warranty.
The time periods provided for in this Paragraph may only be
extended if the consumer authorizes such extension in writing.
If a manufacturer fails to respond to the consumer or to
perform the repairs within the time periods described in
Paragraphs (1) and (2) of this Subsection, such manufacturer
shall be deemed to have waived his rights to a final attempt to
cure the nonconformity.
B. The term of an
express warranty shall be extended by any period of time during
which repair services are not available to the consumer because
of war, invasion, strike, fire, flood, or natural disaster.
C. The provisions
in Subsection A of this Section shall be suspended for any
period of time during which repair services cannot be performed
by the manufacturer, its agents, or authorized dealer because of
war, invasion, strike, fire, flood, or natural disaster.
Motor vehicle replacement or refund
A. If a nonconformity in a motor home has not been
repaired within the time periods provided for in R.S.
32:1943(A)(2), or if after four or more attempts within the
express warranty term or during a period of one year following
the date of the original delivery to the consumer of a motor
vehicle which is not a motor home, whichever is the earlier, the
nonconformity has not been repaired or if the vehicle is out of
service by reason of repair for a cumulative total of ninety or
more calendar days during the warranty period, the manufacturer
(1) Replace the
motor vehicle with a comparable new motor vehicle, or, at its
(2) Accept return
of the motor vehicle and refund the full purchase price plus any
amounts paid by the consumer at the point of sale, and all
collateral costs less a reasonable allowance for use to the
consumer, or any holder of a perfected security interest in the
motor vehicle, as their interest may appear, if the transaction
was a sale.
B. If the
transaction is a lease, the provisions of Paragraph (1) of
Subsection A of this Section are applicable or the manufacturer
may, if the lessor is willing, accept return of the motor
vehicle and reimburse the lessee for all reasonable expenditures
in connection with the lease, and further satisfy all conditions
of the lease in connection with early termination and related
charges. The lessee shall be liable for a reasonable allowance
for use of the vehicle prior to the return thereof.
C. A reasonable
allowance for use shall be that amount directly attributable to
use by the consumer prior to his first notice of nonconformity
to the manufacturer, agent, or dealer and during any subsequent
period when the vehicle is not out of service by reason of
D. If a
manufacturer has established an informal dispute settlement
procedure which substantially complies with the provisions of
Title 16, Code of Federal Regulations, Part 703, as from time to
time amended, the provisions of Subsections A, B and C of this
Section concerning refunds or replacement shall not apply to any
consumer who has not first resorted to such procedure.
E. The consumer
shall have no more than three years from the date he purchased
the motor vehicle or until one year from the end of the warranty
period, whichever is longer, in which to file suit against the
manufacturer to force compliance with the provisions of this
§ 1945. Transfer of title; time limitation
At the time of receiving the comparable new motor vehicle or
refund under R.S. 51:1944, the consumer, or lessor, where
applicable, shall surrender the motor vehicle subject to the
nonconformity to the manufacturer together with the certificate
of title with all endorsements necessary to transfer title to
the manufacturer. The manufacturer shall provide the consumer,
or lessor, where applicable, with a comparable new motor vehicle
or refund within thirty days after an offer to transfer title in
compliance with this Section by the consumer, or lessor, where
applicable, or within thirty days after a decision by the
informal dispute settlement procedure established by the
manufacturer to award a refund or replacement.
Mandatory disclosure of nonconformity to warranty by sellers
A. (1) Upon the sale or transfer of title by a
manufacturer, its agent, or any dealer of any second-hand motor
vehicle, previously returned to a manufacturer for nonconformity
to its warranty pursuant to the requirements of this Chapter,
the manufacturer shall execute and deliver to the buyer an
instrument in writing in a form prescribed by the commissioner
setting forth the following information in ten point, all
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE
IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION
WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW."
Such notice that
a vehicle was returned to the manufacturer because it did not
conform to its warranty shall also be conspicuously printed on
the motor vehicle's certificate of title.
B. The failure of
a dealer to deliver to the buyer the instrument required by this
Section shall constitute a violation of this Chapter and shall
be punishable by a fine of not less than five hundred dollars
nor more than one thousand dollars for each violation.
Nothing in this Chapter shall in any way limit the rights or
remedies which are otherwise available to a consumer under any
§ 1947. Attorney fees
If the motor vehicle does not conform to applicable express
warranties after the consumer has complied with the requirements
of this Chapter, the consumer shall be entitled to reasonable
attorney fees actually incurred if a judgment is rendered in
part or whole in his favor.
Manufacturer's duty to provide reimbursement for temporary
replacement vehicle; penalties
A. Whenever a motor vehicle which is covered by a manufacturer's
express warranty is tendered by a consumer to the dealer from
whom it was purchased or exchanged for the repair of any defect,
malfunction, or nonconformity to which the warranty is
applicable and at least one of the following conditions exists,
the manufacturer shall provide directly to the consumer for the
duration of the repair period a rental vehicle reimbursement of
up to twenty dollars per day:
(1) The repair
period exceeds ten work days, including the day on which the
motor vehicle is tendered to the dealer for repair.
The defect, malfunction, or nonconformity is the same for
which the motor vehicle has been tendered to the dealer for
repair on two previous occasions.
B. The provisions
of this Section regarding a manufacturer's duty shall extend
only for the period of the length of the manufacturer's express
warranty or for two years, whichever period of time occurs
C. For violations
of the provisions of Subsection A, the consumer shall be
entitled to recover from the manufacturer for damages incurred
and reasonable attorney fees actually incurred; however, in no
event shall the amount of damages awarded be less than two
hundred dollars. The provisions of this Section will become
effective as to cars sold after January 1, 1987, and will not be
in effect in case of war, work stoppages, and natural disasters
beyond the control of the manufacturer that would prevent the
timely repair or parts delivery to a dealer.
D. This Section shall not apply to personal watercraft or
all-terrain vehicles tendered to a manufacturer for repair.
E. This Section shall not apply to motor homes tendered to a
manufacturer for repair.