Rules relating to defective motor vehicles are dealt with in Section 51:1941 et seq of Louisiana Revised Statutes, Title 51, Chapter 27 (Motor Vehicle Warranties). Nonconformity is defined in Section 51:1941 to include both specific and generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle.
According to Section 51:1942, if a consumer reports any nonconformity to the manufacturer regarding the motor vehicle, within the prescribed time limit, the manufacturer, its agent, or its authorized dealer should make such repairs as are necessary to conform the vehicle to such warranty. The prescribed time limit is either 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.
As prescribed in Section 51:1944, if nonconformity in a motor home has not been repaired within the time period, then the consumer has a remedy against the manufacturer. In those circumstances the manufacturer should either replace the motor vehicle with a comparable new motor vehicle or accept return and refund full purchase price plus any amounts paid by the consumer at the time of sale and all collateral costs, after deducting a reasonable allowance for use.
La. R.S. 51:1941
(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.
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La. R.S. 51:1942
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.
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La. R.S. 51:1944
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 manufacturer shall:
(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.
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