- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Sold a used vehicle. Now buyer wants his money back.
Posted on 9/28/15 at 2:35 pm to beauchristopher
Posted on 9/28/15 at 2:35 pm to beauchristopher
I sold a car a few years ago, told people the known problems with it. One gentleman said next time dont say anything.
0
Posted on 9/28/15 at 2:36 pm to mouton
And the fact that it is the same in pretty much every state in the country?
Posted on 9/28/15 at 2:36 pm to mouton
quote:
From a state government agency?
That quote basically doesn't say anything. What are you not getting about that? There is nothing concrete in it.
ETA: I'm not saying the law says one thing or another, that's not my profession. And I'm not saying either of you is right or wrong. I'm just commenting on you using some terribly worded snippet when Google could provide you much better ammunition if you bothered to Google it again.
This post was edited on 9/28/15 at 2:40 pm
Posted on 9/28/15 at 2:40 pm to LNCHBOX
Yes it does. It says in most cases their is no implied warranty in private party auto sales. He is trying to argue their is always implied warranty in private auto sales.
Either the information on a state government website is wrong or he is wrong. I personally would trust the information from that website over some kid on an Lsu site.
Either the information on a state government website is wrong or he is wrong. I personally would trust the information from that website over some kid on an Lsu site.
Posted on 9/28/15 at 2:41 pm to mouton
quote:
It says in most cases their is no implied warranty in private party auto sales
Show me where exactly it says most.
Posted on 9/28/15 at 2:41 pm to LNCHBOX
I was more arguing the case of selling used boats..however, either way, warranties are not implied unless specifically stated in private used sales.
Redhibition is a civil action that can be used against a dealer, manufacturer, or a place of business that is in the business of selling that particular product whether it be new or used
Not against joe blow from Peej's trailer park that just sold his used Ford Ranger S-10 "as is where is"
Redhibition is a civil action that can be used against a dealer, manufacturer, or a place of business that is in the business of selling that particular product whether it be new or used
Not against joe blow from Peej's trailer park that just sold his used Ford Ranger S-10 "as is where is"
Posted on 9/28/15 at 2:42 pm to LNCHBOX
I apologize for the state of Louisiana's choice of language.
Posted on 9/28/15 at 2:44 pm to tgrbaitn08
Bar exam PTSD is flaring up. Thanks
Posted on 9/28/15 at 2:44 pm to mouton
You are aware that language is incredibly important in law, right?
Posted on 9/28/15 at 2:48 pm to mouton
LINK
Here are louisiana's words.
And before the "that don't say private party sales of a car."..."or a boat."
There is a toc and a previous and next button. Just start reading.
The law gives the little guy some help; this just doesn't help him pay for the help.
Here are louisiana's words.
And before the "that don't say private party sales of a car."..."or a boat."
There is a toc and a previous and next button. Just start reading.
The law gives the little guy some help; this just doesn't help him pay for the help.
This post was edited on 9/28/15 at 2:53 pm
Posted on 9/28/15 at 2:49 pm to TSLG
You're not doing yourself any favors 
Posted on 9/28/15 at 2:53 pm to LNCHBOX
No? :)
Posted on 9/28/15 at 3:03 pm to TSLG
quote:
The defect is not redhibitory, if it was disclosed to the buyer or should have been discovered by reasonably prudent buyer. (La. C.C. art. 2521).
Which tells me, if the buyer didnt test drive the vehicle or vessel then he has no claim and that he was buying on a as is where is basis.
Posted on 9/28/15 at 3:08 pm to tgrbaitn08
No. Their is always an implied warranty unless stated otherwise.
Posted on 9/28/15 at 3:28 pm to tgrbaitn08
quote:
Which tells me, if the buyer didnt test drive the vehicle or vessel then he has no claim and that he was buying on a as is where is basis.
That can be true for certain defects. Partial credit...kinda...it's not "as-is"...but close enough.
So, you're like .5/60. Hey...it's better.
This post was edited on 9/28/15 at 4:34 pm
Posted on 9/28/15 at 3:30 pm to mouton
quote:
No. Their is always an implied warranty unless stated otherwise.
Who is their? You might win this round. Final answer?
Posted on 9/28/15 at 8:13 pm to mouton
I'm guessing that you found that attorney? Lol.
Posted on 9/29/15 at 12:32 am to mouton
LINK
This case is very similar to what we were discussing.
LINK
It's a boat...not private party though.
The only pvt party sale regarding a boat that I found was appealed for personal jurisdiction reasons. I did not post it, because too many inferences are necessary to see that there was a cause of action for redhibition.
Btw, Daddy says sorry for the harsh words. There is a lot if misinformation passed around the non-legal circles. Be careful what you hear. Sometimes, something that seems so simple, or does not rise to litigation, is because a lawyer did his job to preempt issues. Just because a friend was told he didn't have a case, doesn't necessarily mean that this decision was based on the merits. Also, one minute change in a detail, like a fact that helps determine whether a defect should have been discovered through a reasonable inspection or whether a waiver of a warranty (as-is statement) is valid, can change the outcome of a case.
Moreover, the LA UMVC is extremely biased. Generally, the commissioners auto dealers from all over the state. Can you think of a reason why a used car dealer would want to push the public away from private party sale? It's good business.
This case is very similar to what we were discussing.
LINK
It's a boat...not private party though.
The only pvt party sale regarding a boat that I found was appealed for personal jurisdiction reasons. I did not post it, because too many inferences are necessary to see that there was a cause of action for redhibition.
Btw, Daddy says sorry for the harsh words. There is a lot if misinformation passed around the non-legal circles. Be careful what you hear. Sometimes, something that seems so simple, or does not rise to litigation, is because a lawyer did his job to preempt issues. Just because a friend was told he didn't have a case, doesn't necessarily mean that this decision was based on the merits. Also, one minute change in a detail, like a fact that helps determine whether a defect should have been discovered through a reasonable inspection or whether a waiver of a warranty (as-is statement) is valid, can change the outcome of a case.
Moreover, the LA UMVC is extremely biased. Generally, the commissioners auto dealers from all over the state. Can you think of a reason why a used car dealer would want to push the public away from private party sale? It's good business.
Page 11 of 14
Popular
Back to top
Follow TigerDroppings for LSU Football News