Legal Question in Civil Rights Law in Louisiana

I purchased a car with a reconstructed title but was not told the meaning of a reconstructed title and I did not receive or sign an affadavit when I purchased the car stating that it has a reconstructed title. I didn't find out all of this until I tried to trade it in for something a little bigger and was only offered $6000. It's a 2006 nissan 350z, I paid $14,000 for the car. It's been a year since I bought it. Is it too late to take any action against the dealer who sold it to me? What are my legal rights?


Asked on 3/24/11, 12:22 pm

1 Answer from Attorneys
Willard Brown, Sr.

I researched your issue and found only one case that addressed your concern. The dealer was required to disclosed this information to you prior to purchase. His failure to disclosed said information was a breach of duty. The reasoning behind the breach is that you may not have purchased the vehicle had you known of the previous damage, which may have caused the large depreciated value.

Further, you may have a problem with rescinding the sale because of the length of time since the purchase. Under your circumstances, 1. The dealer can be sued for faiure to disclose pertinent information prior to the sale, which prescription period would be 10 years under breach of contract (See Akilah Washington v. Premiere Automotive, No. 2003-CA-1614 (La. App. 3/17/2004), 872 So.2d 1187 (La. App., 2004) or 2. Your cause of action could have prescribed after one year depending on how the lawsuit and action is classified by the court.

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Answered on 4/12/11, 1:23 pm


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