Louisiana Revised Statutes 32:1270.36 – A. If the commission determines a nonconformity in a recreational vehicle has not been repaired within the time periods provided in R.S. 32:1270.35, the manufacturer shall either:
Terms Used In Louisiana Revised Statutes 32:1270.36
- Collateral costs: means sales tax, license fees, registration fees, and any similar government charges. See Louisiana Revised Statutes 32:1270.32
- Commission: means the Louisiana Motor Vehicle Commission. See Louisiana Revised Statutes 32:1270.32
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consumer: means :
(a) The purchaser, other than for purposes of a resale, of a new recreational vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty. See Louisiana Revised Statutes 32:1270.32
- Dealer: means a person who holds a license from the commission authorized by the manufacturer to service the items in a recreational vehicle warranted by the manufacturer, who is actively engaged in the business of buying, selling, or exchanging new recreational vehicles at retail, and who has an established place of business. See Louisiana Revised Statutes 32:1270.32
- Manufacturer: means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles recreational vehicles or the chassis for recreational vehicles. See Louisiana Revised Statutes 32:1270.32
- New recreational vehicle: means a recreational vehicle, the legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser. See Louisiana Revised Statutes 32:1252
- Nonconformity: means any specific or generic defect or condition which substantially impairs the use, market value, or both of a new recreational vehicle. See Louisiana Revised Statutes 32:1270.32
- Out of service: means the days a recreational vehicle is not able to be used but does not include routine maintenance days. See Louisiana Revised Statutes 32:1270.32
- recreational vehicle: includes a motor home, a travel trailer, a fifth-wheel travel trailer, a folding camper trailer, a slide-in truck camper, and a park model trailer. See Louisiana Revised Statutes 32:1270.32
- Vehicle: means any motor vehicle, specialty vehicle, or recreational product subject to regulation by this Chapter. See Louisiana Revised Statutes 32:1252
A. If the commission determines a nonconformity in a recreational vehicle has not been repaired within the time periods provided in La. Rev. Stat. 32:1270.35, the manufacturer shall either:
(1) Replace the recreational vehicle with a comparable new recreational vehicle.
(2) At the manufacturer’s option, accept return of the recreational vehicle and refund the full purchase price, and any amounts paid by the consumer at the point of sale, and all collateral costs, less a reasonable allowance for use by the consumer, or any holder of a perfected security interest in the recreational vehicle, as their interest may appear, if the transaction was a sale. Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear.
B. A reasonable allowance for use by the consumer shall be determined by the commission and shall be that amount directly attributable to use by the consumer prior to his first written notice of a nonconformity to the manufacturer, agent, or dealer, and during any subsequent period when the vehicle was not out of service by reason of repair.
C. The consumer shall have no more than one hundred eighty days after the end of the express warranty term to file a complaint with the manufacturer and the commission to force compliance with the provisions of this Section.
Acts 2021, No. 220, §1.