Rodney v. All Star Ford, Inc.Rodney v. All Star Ford, Inc.
This is an action in redhibition (
Facts
Mr. and Mrs. Rhodes testified at the confirmation hearing regarding the problems they had with the vehicle at issue. On the date of purchase, the Cougar emblem fell off of the car. They brought the car to the dealer and had the emblem replaced. A few days later, the combination locks malfunctioned. Again, they brought the vehicle in to All Star and had the locks repaired. Subsequently, they began to experience water leaking into the front floor of the car whenever it rained. At first, this problem was only in the front, but it later began to happen in the back. They brought the vehicle to All Star a total of six times to have the leaking repaired. They also experienced problems with the steering wheel shaking as well as a broken gas gauge, both of which necessitated the car being brought back to All Star for further repairs. However, at the hearing, the Rhodes testified that all of the problems had been repaired and they did not have any further complaints.
At the time of the hearing, the vehicle had approximately 12,000 miles on it. Both Mr. and Mrs. Rhodes testified that they would not have purchased the car had they known of the problems they would encounter with it.
Appellate Review of a Default Judgment
In order for a plaintiff to obtain a default judgment, he must establish the elements of a prime facie case with competent evidence, as fully as though each of the allegations in the petition were denied by the defendant. In other words, the plaintiff must present competent evidence that convinces the court that it is probable that he would prevail on a trial on the merits.
Rescission of Sale
To sustain a suit in redhibition, a purchaser must prove the following elements: (1) that the thing sold contains a defect or defects which render the thing sold either absolutely useless for its intended purpose or its use so inconvenient that the buyer would not have purchased the item had he known of the defect; (2) that the defect existed at the time of the sale, and was not apparent; and (3) that the
All Star first contends that the trial court erred in concluding that the defects in the vehicle were redhibitory in nature, sufficient to warrant rescission of the sale. The record is clear that the vehicle was not rendered totally useless for its intended purpose, as it was driven approximately 12,000 miles despite the problems the plaintiffs encountered with the vehicle. However, although the Rhodes’ statements that they would not have purchased the car had they known of the defects is self-serving, “common sense dictates that no reasonable consumer would purchase an automobile which leaks profusely in inclement weather, especially considering the frequency and magnitude of the rains which residents of Louisiana experience each year.” Oliver v. Chrysler Corporation, 510 So.2d 1320, 1323 (La.App. 3rd Cir.1987). Furthermore, there were other problems, which, although minor, collectively caused the plaintiffs a substantial amount of inconvenience. We do not think the trial court erred in finding that the plaintiffs’ vehicle contained defects such that the plaintiffs would not have purchased it had they known of the defects.
All Star also contends that the plaintiffs failed to prove that the defects existed at the time of the sale. A defect is presumed to have existed before the sale if it manifests itself within three days immediately following the sale.
Finally, All Star contends that the trial court erred in granting a rescission of the sale when the plaintiffs failed to prove that the seller knew of the defects and/or that the seller had failed to repair the defects. In order to obtain a rescission based on redhibitory defects when the seller is unaware of the defects, a plaintiff must prove that the seller had an opportunity to repair the defects and was unable to do so. See:
Reduction in Price
Pursuant to
In the instant case, there were several defects in the car; however, these were all relatively minor, with the exception of the water leak. Further, despite the defects, the plaintiffs were able to use the car, and on the date of the hearing, it had approximately 12,000 miles on it. Finally, both plaintiffs testified that all of the defects had been repaired as of the date of the hearing. After a thorough review of the record and of the applicable jurisprudence, we find that a reduction in the price of the subject Mercury Cougar in the amount of $3,000 will adequately compensate the plaintiffs for the diminished value of the vehicle due to the defects.
Attorneys’ Fees
All Star argues that the trial court erred in awarding attorneys’ fees, and in the alternative, that such award, in the amount of $1,677, was excessive.
In order to establish a claim for attorneys’ fees in redhibition, the purchaser must prove knowledge of the defect by the seller, either actual or constructive. Thus, if the seller knew or should have known of the defect and failed to declare it to the buyer, the seller is additionally liable for reasonable attorneys’ fees. Wade v. McInnis-Peterson Chevrolet, Inc., 307 So.2d at 803. As we noted earlier, the record is devoid of any evidence regarding knowledge by the seller, All Star, of the defects in the vehicle. Absent this proof, the plaintiffs are not entitled to attorneys’ fees and the trial court erred in granting this award.
“Lemon Law”
All Star also maintains that the plaintiffs are not entitled to rescission of the sale under Louisiana‘s “Lemon Law,”
For all of the foregoing reasons, the judgment of the trial court is reversed; and judgment is hereby rendered granting the plaintiffs a reduction in the purchase price of the vehicle in the amount of $3,000.2 Costs of this appeal are assessed one-half to plaintiffs and one-half to defendants.
REVERSED AND RENDERED.