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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
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Experience:  20 years of proefessional experience
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My son bought a truck 65 days ago..the motor head cracked on

Customer Question

my son bought a truck 65 days ago..the motor head cracked on a 2006 ford f250..he bought as is. do he have anything that he can do.. he only drove the truck 2100 miles for the time that he had it...need help
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 4 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 4 months ago.

ANSWER:

Yes, it appears you have recourse here under Louisiana law. In the case of Juneau v. Bob McKinnon Chevrolet Co., 260 So. 2d 919 (La. App. 4th Cir. 1972) (engine smoked and leaked oil, stalled and could not be restarted); the fourth circuit court of appeal granted rescission of the sale of a used vehicle sold "as is." In holding that the buyer's action in redhibition was not precluded by the terms of the seller's warranty, the court stated that, although the car was not warranted to be in perfect condition and to be free from all defects which prior usage and age may cause, the warranty that the car was in running condition was not excluded by a sale "as is." Only those defects so serious as to prevent the car from running give rise to the redhibitory action.

So, you should be able to take the truck back to the dealer and get your money back with a small mileage adjustment for the 2,100 miles he drove it.

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