RÉSUMÉ DIGEST
ACT 220 (SB 210) 2021 Regular Session Foil
Prior law created the Louisiana Motor Vehicle Commission (commission) in the office of
the governor and provided for appointment of three public members who are not licensed
by the commission from the state at large to hear and decide matters concerning brokers and
disputes between manufacturers, distributors, converters, motor vehicle lessor franchisors,
or representatives and motor vehicle dealers, recreational products dealers, specialty vehicle
dealers, and motor vehicle lessors.
New law adds hearings relative to recreational vehicle warranties.
New law provides for the "New Recreational Vehicle Warranty Act".
New law provides for definitions of the terms "collateral costs", "commission", "consumer",
"dealer", "manufacturer", "manufacturer's express warranty" and "warranty",
"nonconformity", "out of service", and "recreational vehicle" applicable to recreational
vehicle warranties.
New law authorizes the commission to adopt and enforce reasonable rules and regulations,
and to prescribe forms pursuant to the Administrative Procedure Act necessary to exercise
the objectives of new law and lists without limitation the powers and duties of the
commission to include the receipt of nonconformity complaints from consumers, record
keeping of nonconformity complaints, hearings on nonconformity complaints, and collection
of costs associated with requirements of new law.
New law requires the manufacturer of a recreational vehicle, or any of its authorized dealers,
to make repairs necessary to conform the vehicle to the manufacturer's express warranty
when a consumer reports nonconformity before the expiration of the warranty or not later
than one year from the date of original delivery to the consumer.
New law provides for a presumption of a reasonable number of attempts to conform a
recreational vehicle to the express warranty if the vehicle is out of service by reason of repair
for a cumulative total of 90 or more calendar days and the same nonconformity has been
subject to repair four or more times by the manufacturer. New law further provides that
notwithstanding the presumption, the consumer shall provide written notice of a
nonconformity to the manufacturer and the commission of the need to repair and evidence
that the recreational vehicle has been out of service a total of at least 90 days or has been
subject to repair four or more times.
New law provides the manufacturer 10 business days from receipt of written notice of a
nonconformity to attempt a final repair and requires the manufacturer to notify the consumer
where and when to deliver the recreational vehicle to the repair facility. New law provides
the designated repair facility 10 business days for repairs using replacement parts and 30
calendar days for structural repairs. Only written extensions of the repair time periods by the
consumer are authorized. New law provides that a manufacturer is considered to have
waived its right to a final attempt to cure the nonconformity if the manufacturer fails to
respond or to perform the repairs in these time periods.
New law authorizes courts to award reasonable attorney fees to the prevailing party on
appeal if the commission's decision on nonconformity is appealed by either party.
New law extends the express warranty term for the consumer and the manufacturer when
repair services are not available or cannot be performed because of war, pandemic, invasion,
strike, fire, flood, or natural disaster.
New law provides that upon the commission's determination of a recreational vehicle's
nonconformity, the manufacturer, at its option, is required to either replace the vehicle with
a comparable new recreational vehicle, or to accept return of the recreational vehicle and
refund to the consumer the vehicle's full purchase price and collateral costs minus a
reasonable allowance for the consumer's use of the vehicle prior to notice of a
nonconformity or subsequent use when the vehicle was not out of service for repair. New law provides that when the consumer receives a new recreational vehicle or refund, the
consumer is required to surrender the certificate of title to the manufacturer not later than 30
days after offer to transfer title or not later than 30 days after the commission's decision.
New law provides that a seller of a recreational vehicle previously returned to a
manufacturer for nonconformity to warranty shall provide a written mandatory disclosure
of nonconformity instrument to a buyer and subjects the manufacturer to a fine of not less
than $500 nor more than $1,000 for each violation of nondisclosure.
New law provides that its remedies, warranties, and peremptive periods relative to
nonconformity defects of recreational vehicles are exclusive as between the manufacturer,
dealer, and consumer.
Prior law provided relative to the motor vehicle warranties law, (R.S. 51:1941 et seq.).
Prior law defined a "motor vehicle" pursuant to motor vehicle warranties to include a motor
home and the chassis and drive train of a motor home.
New law removes motor home and the chassis and drive train of a motor home including the
chassis and drive train from the definition and removes references to motor homes
throughout the motor vehicle warranties law.
Effective August 1, 2021.
(Amends R.S. 32:1253(A)(3)(a) and R.S. 51:1941(3) and (6), 1943(A), and 1944(A)(intro
para); adds R.S. 32:1270.31-1270.41; repeals R.S. 51:1948(E))