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Are you Stuck with a Lemon?

Posted by Megan Kiefer | Nov 05, 2019 | 0 Comments

Your excitement with your newly acquired vehicle quickly fades, as you take it in for yet another repair. Being on a first name basis with the repair shop was not what you had in mind when you bought your vehicle. You might just have a lemon on your hands or your vehicle may have a redhibitory defect. 

Thankfully, there are a number of Louisiana Laws that may provide you relief, whether your problem vehicle is a car, truck, RV, boat, or any other similar type vehicle (and regardless of if the vehicle was purchased new or used).

The first, and probably most widely known of your potential remedies is Louisiana's so called “Lemon Law,” Louisiana Revised Statute, 51:1941 - 1948. Under those provisions any passenger (or non-commercial) vehicle sold in Louisiana, and having a GVW of 10,000 pounds is typically covered. There are strict time limits for filing a claim, which are generally stated as the later of either three years after purchase or one year after the end of your warranty period.

In order to qualify under the Lemon Law provisions, the statute requires that the problem still not be repaired after four attempts or that the vehicle have been out of service for a cumulative period of ninety (90) or more calendar days. If your vehicle fits within those definitions, you may just have a lemon on your hands.

However, even if your vehicle does not qualify as an outright “lemon,” Louisiana Law still provides other potential sources of relief. Specifically, you may be able to seek relief under Louisiana's Redhibition Laws. “A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect.” Assuming the defects in your vehicle fit that definition, you may be entitled to either rescind the sale or seek a partial refund of the purchase price.

Obviously a full discussion of all of a buyers potential remedies is beyond the scope of this post, as is even a full discussion of Redhibition and Louisiana's Lemon Law. There is strict time limits that must be met to protect your rights. If you or someone you know needs help with a problem vehicle, give us a call for a free consultation.

About the Author

Megan Kiefer

Megan Kiefer is a partner at Kiefer & Kiefer. She is a trial attorney who specializes in personal injury, insurance defense, and appellate work and who has a proven track record in and out of court. Megan has experience as lead counsel in jury trials, judge trials, and mediations, as well as exte...

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