Lemon Law Louisiana

Pharis Law Offices

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Used cars are cars, too.

It is true that sometimes people who buy used cars or other articles aren't in as good a legal position to assert their rights as those who buy new. However, you do have rights, and we will discuss how.

Waivers of warranty might not stop you.

In Louisiana, a used vehicle is required to work reasonably well for a reasonable period of time. Further, there is legal authority that the waiver of warranty you probably signed when you bought the vehicle will not stop you if the problems are so severe the vehicle was rendered absolutely useless. Further, the dealer has to be very careful about a waiver. If it's not in the sale contract, clear about waiving Louisiana's implied warranties, and pointed out and explained at the time of the sale, the buyer retains all his rights, including for non-major repairs. 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.

It may still be the manufacturer's responsibility.

Even if you didn't buy it new, if the defect wasn't the result of ordinary use, or if it failed or broke within a substantially shorter period than commonly expected, the manufacturer could well be liable.

This is especially true with cars, trucks, and motor homes. A transmission normally shouldn't fail in 25,000, 35,000, 45,000, or even 55,000 miles. An engine should normally last the first 100,000 miles. A paint job should last the life of the car. Mechanics' reports, or in-court testimony, establishing that the component was otherwise well taken care of with no obvious signs of customer abuse will often get you over this hurdle to asserting your rights before a judge.

This is often where "secret warranties" come in. Often, manufacturers, sometime pressured by government regulators will agree to repair a vehicle for free if the customer complains. However, they might not notify the customer directly to find out which have been victimized by a badly designed or weak part to offer the repair. Only if you bring it in will they repair it. It is a good idea to check with a dealership about whether or not the manufacturer is offering a repair on a certain component that seems to have broken prematurely. See "What to do when you buy a Lemon" for government information that you may be able to use in your favor.

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