What Recovery Can I Expect?
The Action is available only after the buyer has given the seller a reasonable opportunity to repair the defective product. The defect must have been unapparent and 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.
The suit must be instituted within four years from the date of sale of the defective product, or one year from the date of discovery of the defect fro Redhibition; three years for Lemon Law.
If the seller has attempted to repair the defective product and failed, or not repaired it to the customer's satisfaction, action must be instituted within one year of the date of the last repair attempt to correct the defect. Allowing a date to pass can eliminate your right to recovery. Contact us for advice to avoid loss of your claim. Additionally, many claims are settled in as little as 30 days without the lawsuit and, by law, the manufacturer is required to pay reasonable attorney's fees.