Under Louisiana law, a Redhibition action protects a Buyer against the Seller and/or Manufacturer of a defective product. This is similar to the lemon laws more familiar in other U.S. states.
Don't be discouraged because the seller or some out of state 1-800 Corporate person tells you you're stuck with a defective product. Contact an attorney with the experience and focus to protect your rights.
Redhibition is a legal term of French root origin which simply means avoidance of a sale on account of hidden defects. It applies to anything you buy. If you buy something and discover hidden defects, you may be able to undo the sale and get a full refund. If the problems aren't so severe as to warrant a rescission of the sale, you may still be entitled to a partial refund of the purchase price. .
New Cars | Used Cars | Home Sales | Recreational Vehicles | 3 & 4 Wheelers | Air & Heating | Assistive Devices | Electronics
Commercial Vehicles & Equipment
New Cars & Trucks
If you purchased a defective car, truck, or van for your business, you not only lost the purchase price, but you may experience lost profits from the downtime of the vehicle or equipment. For example, a wrecker company that also has a body shop may lose revenue not just from the fees from the wrecker call but also because they didn't get to repair some of the vehicles and therefore body shop revenue is down.
To maximize your chances of collecting lost profit, we recommend good record keeping. Record the amount of downtime, dates of downtime, extra expenses to hire substitute vehicles, and loss of money from related opportunities you might have had to make money. Tax returns, gross sales figures, and other records can be used to establish the losses. Although it is impossible to determine exactly, good records may help trial expert witnesses to develop a reliable estimate.
Boats, ATV's, & Recreational Vehicles
Of course your main car or truck is very important to you. But, reasonably speaking, there may be an extra element of frustration when that new boat, RV, or ATV just keeps breaking down on your and ruining your vacation or downtime. After all, the point of the purchase was relaxation and fun - not headaches, frustration, and embarrassment that comes from excessive breakdowns!
Luckily, Louisiana law agrees and you may be able to recover damages for "mental anguish," humiliation, embarrassment, etc., if caused by trying to use a defective pleasure vehicle. You may get something extra for the lost pleasure.
If there is a problem with a new vehicle, we normally advise clients to take it back to the seller/dealer with an opportunity to repair the problem. However, get us involved immediately when the seller is unwilling to repair the problems or the repairs
- don't not fix the problem
- apparently fix the major problem, but other problem cause excessive repairs, or
- you've been induced to repair and repair again over a long period of time with no end in sight.
Used Cars & Trucks
It is true that sometimes people who buy used cars or other items are in a more vulnerable legal position than those who buy new. However, you do have rights, and we will protect them!.
A used vehicle is expected to work reasonably well for a reasonable period of time. True - you probably signed some type of "as-is" waiver. However, that may not terminate all of your rights - especially if the problems with the vehicle are so severe as to render the vehicle useless. Further, in some cases, an experience lawyer may get the waiver thrown out and retain all of your rights. So, don't take no for an answer when they've taken thousands of dollars of your money and then claim you waived your warranty.