What Is the Lemon Law in Louisiana for Used Cars
Louisiana's lemon law, codified as Louisiana Revised Statutes §§ 51:1941 through 51:1948, establishes manufacturer obligations when motor vehicles fail to conform to express warranties. Unlike most states, Louisiana's statute extends limited protections to used vehicles if defects are reported within one year of the vehicle's original delivery to the first consumer or within the express warranty period, whichever ends earlier. However, most used vehicles fall outside this narrow timeframe because the one-year window begins at original delivery, not resale.
What Protections Do Used Car Buyers Have in Louisiana?
Louisiana law and federal consumer protection statutes offer safeguards for used vehicle purchasers.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act establishes federal accountability mechanisms when dealers or manufacturers breach warranty commitments on consumer products, including automobiles. Consumers can pursue legal remedies for written warranty violations, implied warranty breaches, or service contract failures. Successful claims may result in damages, vehicle replacement, purchase price reimbursement, and attorney fee recovery.
FTC Used Car Rule
Federal regulations mandate that dealers prominently post a Buyer's Guide on every pre-owned vehicle offered for sale. The Used Car Rule requires disclosure of:
- Whether the dealer offers warranty protection or markets the vehicle without warranty coverage
- Specific mechanical and electrical systems included under any warranty provided
- The duration of warranty protection offered
- The dealer's percentage of repair costs covered under warranty terms
- Recommendations for independent mechanical inspections and vehicle history research
Understanding "As Is" Sales in Louisiana
Louisiana permits dealers to offer used vehicles "as is," eliminating implied warranties when properly disclosed. The Louisiana Used Motor Vehicle Commission confirms that when dealers sell vehicles "as is," buyers accept complete responsibility for post-purchase repairs. Louisiana provides no statutory cancellation period for vehicle purchases, regardless of how quickly defects emerge.
What "As Is" Means for Buyers
Purchasing a vehicle under "as is" terms means:
- Implied warranties of merchantability and fitness for particular purposes are waived
- Dealers assume no responsibility for repairs following sale completion
- Buyers shoulder total financial liability for mechanical, electrical, or structural failures discovered after purchase
- Unexpired manufacturer warranties or separately purchased service contracts may still provide coverage
Limited Dealer Disclosure Requirements
Louisiana dealers must comply with federal odometer disclosure laws requiring accurate mileage statements on title transfers. The Buyer's Guide must clearly indicate "as is" status by checking the appropriate box. Dealers must provide truthful information about vehicle history, condition, and known defects. Any verbal promises regarding repairs or vehicle condition must be documented in writing and incorporated into the Buyer's Guide before sale completion.
Limited Exceptions to "As Is" Protection
Buyers retain legal recourse notwithstanding "as is" designations when dealers:
- Make fraudulent statements or material misrepresentations regarding vehicle condition, ownership history, or title status
- Intentionally conceal known mechanical or structural deficiencies
- Engage in odometer manipulation or mileage falsification
- Refuse to honor express warranties explicitly documented in purchase agreements
- Violate written promises or dealer representations incorporated into sales contracts
Filing a Consumer Complaint
Louisiana Office of the Attorney General
Consumer Protection Section
P.O. Box 94005, Baton Rouge, Louisiana 70804-9005
Phone: (225) 326-6465
Toll-free: (800) 351-4889
Official Website: Attorney General
