The following definitions apply when used in this Chapter:
(1) "Collateral costs" means sales tax, license fees, and registration
fees and any similar governmental charges.
(2) "Consumer" means:
(a) 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 warranty.
(b) 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.
(c) A person to whom a motor vehicle is leased.
(d) Any other person entitled to enforce the warranty.
(3) "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
(4) "Manufacturer" means any person, firm, association, corporation,
or trust, resident or nonresident, who manufactures or assembles
new and unused motor vehicles.
(5) "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.
(6) "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
(a) Motor vehicles, except for motor homes, 10,000 GVW or
(b) Motor vehicles used exclusively for commercial purposes.
(7) "Nonconformity" means any specific or generic defect or malfunction,
or any defect or condition which substantially impairs the use,
market value or both of a motor vehicle.
§1942. 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.
Acts 1984, No. 228,§ 1.
§1943. 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.
(iii) Evidence that 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
(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.
(c) Once 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.
(3) 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.
Acts 1984, No. 228,§ 1; Acts 1999, No. 933,§ 1.
§1944. 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
(1) Replace the motor vehicle with a comparable new motor vehicle,
or, at its option,
(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
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 Section.
§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.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1.
§1945.1. Mandatory disclosure of nonconformity to warranty by sellers
(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 capital type:
"IMPORTANT: 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
(2) 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.
Acts 1992, No. 603,§ 1.
§1946. Other remedies
Nothing in this Chapter shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
Acts 1984, No. 228,§ 1.
§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.
Acts 1985, No. 169,§ 1.
§1948. 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.
(2) 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