Legal Question in Business Law in Louisiana

About 3 weeks ago, my 20 yr. old son purchased a 2006 motorcycle that he found on line for $3200.00. A somewhat local boat dealership was selling it. He went to the bank a got his first loan and bought the bike. We paid an additional $445.00 to them secure all the paperwork. Just this week the bike broke down. We brought it to the local Kawasaki dealership and they told us two things, one, that the bike was missing an air filter and two, the motor was shot and it would cost $4,000.00 to fix it. My question is, do we have any legal ground to go back to the boat dealership and have them fix the bike?


Asked on 12/17/10, 6:31 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can tell you the answer depends on a couple factors. Did the contract of sale provide any warranty? If not, and if you can prove they sold the bike knowing the motor was shot, then you may be able to sue for fraud. But this will be an uphill battle and costly; probably a lot more than was paid, unless you go through small claims court. Then, it's very inexpensive and they have small claims advisers to help you with the paperwork, etc. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/22/10, 7:23 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Mr. Franchise from California cannot practice law in Louisiana, but do what you want. Redhibition is the word. In addition to that, if you prove fraud, you can do better. However, if your son signed to purchase the bike "as is," then he is out of luck unless he can prove fraud.

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Answered on 12/22/10, 2:00 pm


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