Legal Question in Civil Litigation in Louisiana
I bought a stove from an individual in West Monroe, LA, who stated that it needed looked at and a piece replaced to make it work right. She stated that the burner shuts off sometimes if the stove gets too hot. After buying it, I found that the stove top would rarely come on. After going back to the original place where she bought it, I found that they had two previous repair visits which ultimately didn't fix the problem. They made another evaluation for a main wire to be replaced and they decided to pay the customer off since she took out the extended warranty. I was not aware of this when I bought it and wasn't told to me by the seller. The customer has now refused to pay me back for the stove and accepts no responsibility. I have been told that it's illegal to resell a product that's been deemed as scrap. what are my options to recoup and whats the maximum amount I can sue for? I paid 200 for the stove and have put in another 150 to replace what they told me would be the resolution to the problem,.
1 Answer from Attorneys
She should not have sold that to you in that condition and her actions in hiding that information were certainly fraudulent, in my opinion. You should be able to recover your money under the law of Redhibition. Given the amount of money involved, you can simply file a small claims suit. You should find the Justice of the Peace (or City Court) having jurisdiction over the place where the defendant lives. File your small claim there. You don't need a lawyer to sue in small claims court.
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