Redhibition
Encyclopedia
Redhibition is a civil action available under Louisiana law
against the seller and/or manufacturer of a defective product, similar to the lemon laws more familiar to common law
jurisdictions in other U.S. states. Redhibition is one of many laws that are unique to Louisiana among U.S.
states because of its tradition in French
and Spanish
civil law
.
of merchantability. If a product is so substantially defective that the buyer would not have bought it in the first place had they known of its defects, there may be grounds for filing such a suit. It does however differ from lemon laws in a very significant way. Namely, that it applies to any product sold new or used, including real estate, whereas lemon laws typically only apply to new automobiles. In fact, Louisiana
does also have a separate lemon law of its own, which like others applies exclusively to automobiles.
fees and damage resulting from use of the defective product. Even if the seller did not know of the defect at the time of sale, the buyer may sue for return of the purchase price and certain other expenses incurred as a result of the sale. The buyer may seek the same awards from the manufacturer as from the seller because, legally the manufacturer is presumed to know of the existence of defects in his products. It need not be proven.
When all is said and done, whether the seller knew of the defect or not, the judge has the option of awarding the buyer an amount less than the purchase price but appropriate to the seriousness of the defect. The judge may also deduct for any satisfactory service the buyer derived from the product before or in spite of the defect. Today, many sellers require buyers to sign a waiver of warranty at the time of purchase. Such a waiver may or may not affect the buyer's right to file an action in redhibition. The buyer may also have rights under the Federal Magnuson-Moss Warranty Act
.
Louisiana law
Law in the State of Louisiana is based in part on civil law. Louisiana is unique among the 50 U.S. states in having a legal system partially based on French and Spanish codes and ultimately Roman law, as opposed to English common law...
against the seller and/or manufacturer of a defective product, similar to the lemon laws more familiar to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions in other U.S. states. Redhibition is one of many laws that are unique to Louisiana among U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
states because of its tradition in French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
.
Overview
In a redhibitory action, the buyer demands a full refund or a reduction in the purchase price because the product has a hidden defect (redhibitory defect) that prevents it from performing the task for which it was purchased. Most consumer products carry an implied warrantyWarranty
In business and legal transactions, a warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.In real estate transactions, a...
of merchantability. If a product is so substantially defective that the buyer would not have bought it in the first place had they known of its defects, there may be grounds for filing such a suit. It does however differ from lemon laws in a very significant way. Namely, that it applies to any product sold new or used, including real estate, whereas lemon laws typically only apply to new automobiles. In fact, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
does also have a separate lemon law of its own, which like others applies exclusively to automobiles.
Conditions that must be met before a redhibition suit can be filed
- The action is available only after the buyer has given the seller a reasonable opportunity to repair the defective product.
- The defect in the product must be hidden, that is, not apparent at the time of the sale. The defect must have existed at the time of the sale. The law presumes that if a defect is noticed within three days of purchase, it existed at the time of sale.
- If a defect becomes obvious more than three days after purchase, the responsibility for proving that it existed at the time of the sale rests with the buyer.
- The suit must be instituted within one year from the date of sale of the defective products, except where a pet store is involved, in which case the action must be taken within 60 days of purchase.
- If the seller has attempted to repair the defective product and failed, the action must be instituted within one year of the date of the last attempt to correct the defect.
- If the seller knew of the defect at the time of sale but sold the product anyway, the action is available for one year from the date the buyer discovered the defect.
Rights of the buyer under redhibition
If the buyer can prove that the seller knew of the existence of the defect in the product but sold it anyway, he may be entitled not only to return of the purchase price, but to replacement of any expenses caused by the sale, reasonable attorneyLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
fees and damage resulting from use of the defective product. Even if the seller did not know of the defect at the time of sale, the buyer may sue for return of the purchase price and certain other expenses incurred as a result of the sale. The buyer may seek the same awards from the manufacturer as from the seller because, legally the manufacturer is presumed to know of the existence of defects in his products. It need not be proven.
When all is said and done, whether the seller knew of the defect or not, the judge has the option of awarding the buyer an amount less than the purchase price but appropriate to the seriousness of the defect. The judge may also deduct for any satisfactory service the buyer derived from the product before or in spite of the defect. Today, many sellers require buyers to sign a waiver of warranty at the time of purchase. Such a waiver may or may not affect the buyer's right to file an action in redhibition. The buyer may also have rights under the Federal Magnuson-Moss Warranty Act
Magnuson-Moss Warranty Act
The Magnuson–Moss Warranty Act is a United States federal law, . Enacted in 1975, it is the federal statute that governs warranties on consumer products. The Act was sponsored by Senator Warren G. Magnuson of Washington and U.S. Rep John E...
.