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Lemon law in louisiana for used car

Gonzales, LA |

i bought a jeep grand cherokee in slidell, la. (april 21, 2011) from a car dealership. for 6,990 with 1,500 downpayment . been asking the dealer to send me my contract but untill now they still havent.

the truck been overheating bunch of times we changed the water pump, radiator cap, water cooling fan and thersmotat but still keep overheating. it started acting like this like 1st week of june. we called the dealership about the warranty they said i only have 30 days and they wont fix it for me. i have to fix!

they didmt tell me that theres somthing wrong with the truck and they said its good condition and no problems at all (verbally) now i dont know whatto do with this cuz i dont wanna pay a truck that is mess up i already spent a lot of money just to fix it !

please advice....

Attorney Answers 3


  1. Lemon laws generally only cover new cars. If you got a warranty that includes lemon law coverage your car could be covered, but it's quite unlikely, especially when you only got a 30 day warranty and lemon laws require you to take the car in for repair for the same problem several times.

    Used cars are very risky, If you search Avvo's legal issues and questions for "used cars," you'll see how often people buy these cars "as is" and turn out unhappy because they don't do their due diligence BEFORE buying. In a lot of cases, it seems that they didn't even read the purchase contract they signed, they just let the car salepeople pressure them, which is the behavior that used car salepeople are famous for.

    If you signed a contract, unless it says otherwise, it's binding and you can't rescind (cancel) it. You got a 30 day warranty, and after that it's "as is," meaning the time to have your own mechanic inspect it and review the maintenance records and the CarFax report, etc., was BEFORE you decided to buy this car. You only paid $6,00 for this car, so it must be very used and be quite old, and it's very likely that a judge say that you asumed the risk of the car needing repairs sooner or later, maybe very soon, and maybe for very major and expensive repairs.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. In Louisiana there are a number of protections and laws that give Louisiana consumers opportunities to get justice.

    Take a long look at this web-site for a summary of the laws and resources that can help you in this situation: http://www.lemonjustice.com/lemon-law/LA_other_lemon_law.php

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. The Lemon Law states that a manufacturer has a legal duty to repair a new motor vehicle.

    In Louisiana, this also covers "All vehicles under 10,000 pounds except motor homes, motorcycles, and vehicles used for commercial purposes only." It requires that the manufacturer be allotted 4 repair attempts or that the vehicle is 30 calendar days out of service.

    With regards to a used vehicle, depending upon tge present mileage, the car may still fall under the manufacturer's expressed warranty. If it's outside of the manufacturer's warranty, look at the written warranty provided by the dealer.

    Additionally if so many things are going wrong with your car in such a short time, you might consider speaking with a consumer law attorney, as tge dealer might be engaged in fraudulent conduct if it can be shown, they knew about the problems with this car but failed to disclose them to you so that you would purchase this car.

    Sincerely,

    HIDEN, ROTT & OERTLE, LLP

    Michael Rott

    Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.