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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
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Experience:  Licensed Texas General Practice Attorney
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Does the state of La have a buyers remorse law

Resolved Question:

Does the state of La have a buyers remorse law
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Louisiana does not have a right of rescission for most contracts, including new and used cars. In fact, no state has a right or rescission (aka "buyers remorse") for new or used cars.

RGMacEsq :

Now there is a Federal law that allows for a 3 day right of rescission, but only in certain instances (such as sales away from the seller's place of business (i.e. Door to door sales)).

RGMacEsq :

That also would not apply in the case of most consumer goods purchased at the seller's place of business.

RGMacEsq :

So while Louisiana does not have a right of rescission, it's possible given the circumstances that Federal law could apply, but assuming you're talking about a new or used car (90% of the questions relating to buyers remorse on this site pertain to new or used cars) unless there's something in the contract that gives you this right, I'm sorry to say that you're not going to be able to rescind the contract.

RGMacEsq :

Now if there's fraud involved in the contract, that's a different matter.

RGMacEsq :

But there's not a unilateral, 3 day for any reason rescission right.

RGMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I went to buy a used motorbike, signed the papers, no warranty from a dealer,before I gave them the down payment or took possession if the bike or gave them my trade in I found out it has a factory defect.told them I didn't want it now they say I MUST buy it.

RGMacEsq :

Did they represent the bike as being free from defects?

Customer:

I asked them about it and they said they knew nothing about it. I asked the salesman and service manager,said they.d check into it. didn't call me back for 3 days .Then said they.d give me a 1 year warranty. By this time I'm fed up and I don't trust them.thier holding my title to my bike ,they say can't do anything because all the papers have been signed

RGMacEsq :

Unless there was a positive representation that it was free from defects, etc... then unfortunately they're correct. Contracts are binding, and the caveat emptor (buyer beware) doctrine applies. The fact that they said they didn't know means that it was incumbent upon you to inspect it (if even possible) and to take the risk of defects.

RGMacEsq :

Like I said before, unfortunately there is no right of rescission on any type of vehicle bought at a dealership of any kind, in any state.

RGMacEsq :

Once the contract is signed, it's binding.

RGMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

RGMacEsq, Lawyer
Satisfied Customers: 11681
Experience: Licensed Texas General Practice Attorney
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