Legal Question in Civil Litigation in Louisiana
Just a week ago, my boyfriend purchased a vehicle from just a regular guy. He got to see it and test drive it. Switched the title and insurance the same day. When he got home, he was cleaning the interior when he noticed both air bags have been deployed and removed. Of course, after this a tire blew out, the air went out and hes having trouble starting it. The ex owner isn't returning his calls. What I want to know: is it legal to sell a vehicle where the airbags were deployed without informing the new buyer? I live in Louisiana.
1 Answer from Attorneys
The Louisiana law of redhibition states that the sale of a vehicle can be rescinded if the vehicle has a latent defect that renders it unusable for its intented use, or if the buyer would not have purchased it at that price knowing of the defect. If the defect arises within 3 days of the sale, there is a presumption that the defect existed before the sale and, therefore, that the seller must have known about it. The seller's failure to disclose a prior wreck and/or the fact that the car has no air bags (which is illegal, I believe), may also amount to fraud and is certainly grounds for cancelling the sale. You should file suit to cancel the sale and get your money back. You should also stop driving the vehicle. The Court may grant you storage fees for storing it if the seller refuses to rescind the sale voluntarily.