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What are my rights, what can i do

Shreveport, LA |

i bought a truck from a used car dealership not even 2 weeks ago . they told me the were going to put good tires on it for me so they took it and brought it back with bad used tires on it and the lug nuts on the passenger side were so lose the tire was barely hanging on . the truck was running good but when they brought it back from getting tires the check engine light was on . we went and got that checked out , it ended up being the number 3 injector , we got it fixed for 140 . 00 . the truck is running better but the check engine light keeps going off and on . i get in the truck this morning and the service charging system message pops up . i don't know what to do and i feel like whats next , i mean it hasn't even been 2 weeks and we already have all these problems . i think they are screwing us bad . . .

Attorney Answers 3


They may in fact be screwing you badly and perhaps in ways you are not even aware. Best off to get a low or no cost consultation with a good local consumer protection atty found here:

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I do not think you qualify for the Louisiana Lemon Law because your vehicle is a used vehicle. There are certain circumstances under which a used vehicle can qualify, but those are limited. Instead, you may have a redhibition action for defects in a thing sold. Because of the uniqueness of Louisiana's law on this matter, I urge you to seek Louisiana counsel.

Should you decide to do so, you will want to have your paperwork from the sale, as well as your repair orders and paperwork from the maintenance of the vehicle with you. There are requirements that the seller must meet (attempt to remedy the defects, etc.) and if they fail to do so, you may have some legal relief.

Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.

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Scott Richard Kaufman

Scott Richard Kaufman


Ms. Garland is no doubt correct about LA lemon law as LA has unusual laws in many areas and many states do not have a lemon law that covers a used vehicle. Still, the Federal Magnuson Moss warranty act is good in all 50 states, if that helps you at all. I agree with Ms. Garland also that you need to speak to a local consumer protection atty who will usually have a low or no fee consultation charge. Don't sit on your rights!


They probably are. First some general rules and first is the law about "as is." If a car dealer does not follow the law on how to legally sell a car "as is" then they can still be held responsible. Second, fraud. If a car dealer lies to you in order to get you to pay good money for a bad car, that could be fraud and if it is then the "as is" part goes out the window (that's plain talk for what lawyers call unenforceable, technically). There is a used car lemon law in Hawaii, Massachusetts, Minnesota, New Jersey, New York, and Rhode Island, but not in your state. So that means you have to look at your sales paperwork first. If there is no warranty or guarantee there, then you look at the oral representations that were made and ask if you are the victim of fraud. There is a long technical definition for fraud in each state but basically it is a lie that costs you money. If your purchase was “as is” then that is what the dealer will argue to avoid doing anything for you. Practically speaking, “as is” isn’t always legally as is, even though every car dealer wants you to think so. In most states, your legal rights in a used car sale are mostly determined by the paperwork that you sign, what you were told by the dealer, and if the dealer hid anything serious about the vehicle from you. But even in an “as is” sale you might get some legal rights anyway, even if you thought you didn’t. And besides that, if the seller hid something from you that they knew and also knew you would want to know about before committing to the purchase, then that can be fraud - regardless of any “as is” sales attempt. Also, in some states an oral representation by the seller may over-ride a written disclaimer of warranties. Also there’s a federal law that requires all car dealers to post on the window of all used cars they are selling a special “Buyer Guide” form (it’s often called a Used Car Window Sticker) that discloses your warranty rights. Many small lot car dealers don’t comply with the law. If they don’t, then you may end up with a warranty after all and you may even have the right to cancel the sale. The back side of the form has to be completely filled out and many car lots, big and small, fail to do that too and that can also trigger your right to cancel the deal. You can see what the Buyer Guide form looks like on this web site page: Once you have already spent your money, it's not too late to have an independent repair shop inspect it and tell you what they think, but the best time is before you put down your hard earned money. If less than a few thousand dollars is involved, you may want to go to Small Claims Court on your own instead of getting an attorney. To find out what your rights are in your state, you need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers ( and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to mark your Best Answer so Avvo lawyers know we are doing a good job. Thanks for asking and Good Luck.

What a Used Car Buyer Guide Looks like - Click Here

What Is Fraud? Click Here to Find out

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link ( and find one near you

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