It ought to not conform with the written warranty provided by the manufacturer
The defects in the vehicle ought to be serious to deteriorate its market value, obstruct its operation and/or make it risky for use
The vehicle ought to have a manufacturer defect that was reported while the warranty was still in effect or within the first year after delivery
Has been sent to the repair shop at least four times for the same issue or has been out of service for a 90 days after purchase but not necessarily consecutive 90 days
The vehicle is not used for professional or trade activities, it is a personal or relatives use vehicle.
According to the lemon laws in Louisiana, if your automobile meets with the above requirements, it can be deemed as a lemon; however, you are expected to notify the manufacturer of any issue that you may have with the vehicle while it is still under warranty or within 12 months from purchase (delivery of the vehicle). You will also must go through an arbitration method designer to resole the dispute without approaching the court. But in case you fail to receive a satisfactory solution out of the arbitration attempt, you can approach the court to the settle the issue.
In case you do intend to go through with a lemon law suit against the manufacture, you ought to definitely get yourself a expert attorney who has experience in handling cases related to the Louisiana lemon laws. You require to understand that the manufacturer will send in their cavalry of lemon law attorneys to court and you won't stand much of chance in case you were to plead your case by yourself. On the other hand, not only is seeking representation in the matter free because the lawyer will collect his fees from the manufacturer after you win but also when you get your lawyer along, you are sending a strong message to the manufacturer that you are not going to take this lying down.
There are several options for compensation under the lemon laws in Louisiana, in the event you win the case, you can receive a replacement vehicle of the same model, brand and year or you may also receive a refund. The refund will usually include:
The full contract cost paid by the customer at the time of purchase
Charges for any manufacture or dealer accessories and installations
Use Taxes
Finance charges
Incidental expenses such as those for towing, renting another automobile, phone calls and staying in a hotel if the automobile gives way when you are out of town
Title charges
Attorney's fees
However, the manufacture can and usually will charge you for vehicle usage. This amount is calculated based on the number of miles that you clock on the vehicle. After the ruling in your favor, the manufacturer will only have a month to either offer a refund or replacement.
Most manufacturers and dealers would prefer to offer you a replacement because your finance plan basically has to be transferred to the other vehicle. Make positive that you maintain a meticulous and diligent record of all documentation in relation to the acquisition of the vehicle. This includes purchase receipts, bill of repairs, any communication that you may have had with the dealer or manufacturer etc. Tackling a lemon can be taxing in the event you don't have a second automobile at your disposal; fortunately, you do not must put p with the situation anymore because the lemon laws in Louisiana are designed to protect the consumer's right in cases where unscrupulous establishments sell inherently defective products without offering proper knowledge to the consumer.