Lemon Law Complaint

LOUISIANA MOTOR VEHICLE WARRANTY PETITION

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT

PARISH OF [________________], STATE OF LOUISIANA

CIVIL ACTION NO. [________________] — DIVISION [____]

PETITION UNDER LA. R.S. 51:1941 ET SEQ.

Consumer alleges:

2. INFORMAL-PROCEDURE ROUTE AND FILING PERIOD

1. Select the applicable route under La. R.S. 51:1944(D):

• ☐ No qualifying procedure. Manufacturer did not establish an informal dispute settlement procedure substantially complying with 16 C.F.R. part 703.
• ☐ Procedure completed. Manufacturer established a substantially compliant procedure. Consumer first resorted to it and completed the process on [DATE] without obtaining the statutory remedy.

2. For a purchased Vehicle, this suit is filed within the longer of:

• three years after purchase; or
• one year after the warranty period ended.

La. R.S. 51:1944(E).

3. For a leased Vehicle, counsel has separately analyzed and pleaded the applicable filing period because subsection (E) uses purchase terminology.

3. PARTIES, COURT, AND VENUE

4. Consumer [NAME] resides in [PARISH, STATE] and qualifies under La. R.S. 51:1941(2) as the [PURCHASER / WARRANTY-PERIOD TRANSFEREE / LESSEE / OTHER WARRANTY-ENFORCEMENT BENEFICIARY] of the Vehicle.

5. Manufacturer [NAME] manufactures or assembles new and unused motor vehicles. La. R.S. 51:1941(4).

6. No dealer is named on the Chapter 27 claim because the refund-or-replacement duty in La. R.S. 51:1944 rests on Manufacturer. Any separate redhibition or other dealer claim requires independent pleading and verification.

7. This Court has authority over this suit to force Manufacturer's compliance with La. R.S. 51:1944.

8. Venue is proper in this Parish because [STATE THE CURRENT FACTUAL AND LEGAL BASIS].

4. VEHICLE, TRANSACTION, AND COVERAGE

9. On [DATE], Consumer [PURCHASED / LEASED / RECEIVED] a new and unused [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), in Louisiana. Transaction and original-delivery documents are attached as Exhibit A.

10. Manufacturer's written express warranty is attached as Exhibit B.

11. The Vehicle is covered under La. R.S. 51:1941(6) because it is [A PASSENGER MOTOR VEHICLE / A PASSENGER-AND-COMMERCIAL MOTOR VEHICLE / PERSONAL-USE PERSONAL WATERCRAFT / PERSONAL-USE ALL-TERRAIN VEHICLE] sold in Louisiana or otherwise within the statute's stated coverage.

12. The Vehicle is under 10,000 GVW and is not used exclusively for commercial purposes.

13. For personal watercraft or an all-terrain vehicle, Consumer uses it exclusively for personal and not commercial purposes.

5. NONCONFORMITY, REPORT, AND REPAIR DUTY

14. A nonconformity is a specific or generic defect or malfunction, or another defect or condition, substantially impairing the Vehicle's use, market value, or both. La. R.S. 51:1941(7).

15. The statutory definition does not separately list safety, although safety facts may help prove impairment of use or market value.

16. Before the earlier of express-warranty expiration or one year after original delivery, Consumer reported these nonconformities to Manufacturer or an authorized dealer and made the Vehicle available for repair:

17. Under La. R.S. 51:1942, Manufacturer, its agent, or its authorized dealer was required to make the repairs necessary to conform the Vehicle to the warranty even if repairs occurred after the earlier-ending period.

18. Complete repair records are attached as Exhibit C:

19. The nonconformity continues and substantially impairs [USE / MARKET VALUE / BOTH].

6. REASONABLE NUMBER OF ATTEMPTS

20. Select each applicable presumption under La. R.S. 51:1943(A)(1):

• ☐ The same nonconformity was subject to repair four or more times by Manufacturer, its agent, or its authorized dealer within the earlier-ending warranty/one-year period.
• ☐ The Vehicle was out of service by reason of repair for a cumulative total of 45 or more calendar days within that earlier-ending period.

21. Manufacturer [FAILED / DID NOT FAIL] to respond to Consumer or perform repairs within the periods described in Section 1943(A), thereby [WAIVING / NOT WAIVING] its right to a final attempt to cure under Section 1943(A)(2).

22. Any claimed warranty extension or suspension of the presumption is limited to time repair services were unavailable or repairs could not be performed because of war, invasion, strike, fire, flood, or natural disaster. La. R.S. 51:1943(B)–(C).

7. COUNT I — REFUND OR REPLACEMENT UNDER LA. R.S. 51:1944

23. Consumer incorporates paragraphs 1 through 22, with all unused alternatives deleted.

24. Consumer and the Vehicle satisfy the Chapter 27 coverage requirements.

25. Consumer timely reported and presented a nonconformity, and Manufacturer failed to conform the Vehicle after the repair history described above.

26. Select the applicable remedy trigger under La. R.S. 51:1944(A):

• ☐ After four or more attempts within the earlier-ending warranty/one-year period, the nonconformity remained unrepaired.
• ☐ The Vehicle was out of service by reason of repair for a cumulative total of 45 or more calendar days during the warranty period.

27. Under La. R.S. 51:1944(A), Manufacturer must choose between:

• replacement with a comparable new motor vehicle; or
• for a sale, return and the statutory refund in subsection (A)(2).

28. Manufacturer has not provided either remedy.

8. SALE OR LEASE REMEDY

A. Sale — La. R.S. 51:1944(A)

29. If the transaction was a sale and Manufacturer elects refund, the refund includes:

• the full purchase price;
• amounts Consumer paid at the point of sale; and
• collateral costs, meaning sales tax, license fees, registration fees, and similar governmental charges.

30. The refund is reduced only by the reasonable use allowance and paid to Consumer or any perfected-security-interest holder as their interests appear.

B. Lease — La. R.S. 51:1944(B)

31. If the transaction was a lease, Manufacturer may provide the replacement in subsection (A)(1) or, if the lessor is willing, accept return, reimburse Consumer for all reasonable lease-related expenditures, and satisfy all lease conditions concerning early termination and related charges.

32. The lessee is responsible for the reasonable use allowance before return.

C. Use Allowance — La. R.S. 51:1944(C)

33. The reasonable use allowance is limited to the amount directly attributable to Consumer's use:

• before Consumer's first notice of nonconformity to Manufacturer, its agent, or dealer; and
• during any later period when the Vehicle was not out of service by reason of repair.

34. Louisiana supplies no fixed mileage divisor for this allowance.

9. OPTIONAL COUNT II — LA. R.S. 51:1948 RENTAL REIMBURSEMENT

35. Consumer incorporates paragraphs 1 through 34.

36. During the earlier of Manufacturer's express-warranty period or two years, Consumer tendered the Vehicle to the dealer from whom it was purchased or exchanged for repair of a warranty-covered defect, malfunction, or nonconformity.

37. Select the applicable trigger:

• ☐ The repair period exceeded 10 workdays, including the tender date.
• ☐ The same defect, malfunction, or nonconformity had been tendered to that dealer for repair on two previous occasions.

38. Manufacturer did not provide rental-vehicle reimbursement up to $20 per day for the repair period as La. R.S. 51:1948(A) requires.

39. The Vehicle is not personal watercraft or an all-terrain vehicle excluded from Section 1948.

40. Consumer requests proved damages, not less than $200, and reasonable attorney fees actually incurred under La. R.S. 51:1948(C).

10. ATTORNEY FEES AND PRESERVED REMEDIES

41. Because Consumer complied with Chapter 27 and seeks a judgment in whole or in part, Consumer requests reasonable attorney fees actually incurred under La. R.S. 51:1947.

42. La. R.S. 51:1946 preserves otherwise available remedies, but this petition pleads no redhibition or other preserved claim unless counsel adds and independently verifies it.

43. Apart from the selected Section 1948 count, Consumer does not request general incidental or consequential damages under Chapter 27.

11. PRAYER FOR RELIEF

Consumer requests judgment:

1. Declaring that Manufacturer failed to comply with La. R.S. 51:1944;
2. Ordering Manufacturer to provide the replacement or sale/lease refund remedy it elects under La. R.S. 51:1944(A) or (B);
3. Applying only the collateral-cost and reasonable-use rules in La. R.S. 51:1941(1) and 51:1944(C);
4. If optional Count II is retained and proved, awarding Section 1948 damages and fees;
5. Awarding reasonable attorney fees actually incurred under La. R.S. 51:1947 after judgment in Consumer's favor in whole or part; and
6. Granting any further relief authorized by the pleaded Chapter 27 provisions and proved at trial.

12. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Louisiana Bar Roll No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Consumer

13. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase, lease, transfer, and original-delivery documents
• ☐ Exhibit B — Manufacturer's written express warranty
• ☐ Exhibit C — Complete repair orders and 45-calendar-day calculation
• ☐ Exhibit D — First notice date and delivery proof
• ☐ Exhibit E — Informal-procedure submission and result, if applicable
• ☐ Exhibit F — Purchase-price, point-of-sale, collateral-cost, lease, use, lessor, and security-interest records
• ☐ Exhibit G — Section 1948 tender, prior-tender, repair-period, and rental-expense records, if Count II is retained
• ☐ Exhibit H — Evidence of continuing nonconformity and impairment of use, market value, or both

14. SOURCES AND REFERENCES

• Louisiana Legislature — La. R.S. 51:1941
• Louisiana Legislature — La. R.S. 51:1942
• Louisiana Legislature — La. R.S. 51:1943
• Louisiana Legislature — La. R.S. 51:1944
• Louisiana Legislature — La. R.S. 51:1946
• Louisiana Legislature — La. R.S. 51:1947
• Louisiana Legislature — La. R.S. 51:1948