Last reviewed: 1 October 2026
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United StatesLouisiana redhibition: the Civil Code's warranty on what you buy
"Redhibition" is the Louisiana Civil Code's warranty against defects in a thing sold. It applies to things sold generally, not only vehicles, and it is separate from a manufacturer's written warranty, a service contract, and the lemon law. It has its own notice rule, its own remedies, and its own time limits.
The short answer
- The warranty: the seller warrants the buyer against redhibitory defects, or vices, in the thing sold (Civil Code art. 2520).1
- What counts: a defect is redhibitory if it makes the thing useless, or its use so inconvenient that the buyer must be presumed not to have bought it had the defect been known. That gives a right to rescission. A defect that only diminishes usefulness or value limits the buyer to a reduction of the price (art. 2520).1
- Notice: the buyer must give the seller notice of the defect, timely enough to allow repairs. A buyer who does not suffers a diminution of the warranty to the extent the seller can show it could have repaired the defect, or repaired it less burdensomely, with timely notice; notice is not required when the seller has actual knowledge of the defect (art. 2522).2
- Time limits: against a seller who did not know of the defect, two years from delivery or one year from discovery, whichever is first; against a seller who knew or is presumed to have known, one year from discovery or ten years from the perfection of the contract of sale, whichever is first (art. 2534).3
- Fine print: the parties may agree to exclude or limit the warranty, but the terms must be clear and unambiguous and brought to the buyer's attention (art. 2548).4
Why it matters
Louisiana's lemon law covers new vehicles under a manufacturer's express warranty. Redhibition is a different source of rights: it comes from the Civil Code, not from a written warranty, and it reaches other sales too. The lemon law chapter itself says it does not limit other remedies a consumer has under any other law (R.S. 51:1946).5 This page explains the Code's basic rules so readers can tell the sources apart.
One exception to know about: for a newly built home, R.S. 9:3150 says the New Home Warranty Act provides the exclusive remedies, warranties, and peremptive periods as between builder and owner, and that no other provisions of law on warranties and redhibitory vices and defects apply.9 So the rules below do not govern the relationship between a builder and the owner of a new home; see Louisiana's New Home Warranty Act.
What the Code says, article by article
| Topic | What the article says |
|---|---|
| Total vs. partial defect (art. 2520) | Useless or so inconvenient the buyer would not have bought it: rescission. Diminished usefulness or value: reduction of price1 |
| Defects the buyer knew of (art. 2521) | No warranty for defects known to the buyer at the time of sale, or that a reasonably prudent buyer of such things should have discovered2 |
| Fitness for use (art. 2524) | The thing must be reasonably fit for its ordinary use, or for the buyer's particular purpose when the seller has reason to know of it and that the buyer relies on the seller's skill or judgment; if it is not fit, the buyer's rights are governed by the general rules of conventional obligations. The art. 2534(A) time limit also covers an action asserting that a thing is not fit for its ordinary or intended use23 |
| Defect must predate delivery (art. 2530) | The warranty covers only defects that exist at delivery; a defect that appears within three days is presumed to have existed then6 |
| Seller who did not know (art. 2531) | The seller must repair, remedy, or correct the defect; if unable or if it fails, it must return the price with interest and reimburse reasonable sale and preservation expenses, less a credit for the buyer's use6 |
| Seller who knew (art. 2545) | Also liable for damages and reasonable attorney fees; a seller who is the manufacturer is deemed to know of a redhibitory defect7 |
| Price reduction (art. 2541) | The buyer may choose to seek only a reduction of the price even when rescission would be available8 |
| Exclusions (art. 2548) | Warranty may be excluded or limited by clear, unambiguous terms brought to the buyer's attention; not binding if the seller declared a quality it knew the thing did not have4 |
| Time limits (art. 2534) | Two years from delivery or one year from discovery, whichever is first (seller unaware); one year from discovery or ten years from the perfection of the contract of sale, whichever is first (seller knew or is presumed to have known); repairs interrupt the clock until the seller tenders the thing back or refuses3 |
How it relates to the other protections
- A manufacturer's written warranty is a promise in a document. Redhibition is a rule of the sale itself. Our guide to extended warranty vs. manufacturer warranty explains the written kinds.
- A service contract is a separately priced agreement to pay for repairs; see Louisiana vehicle service contracts.
- An "as is" sale: art. 2548 allows exclusions only on the terms above. Federal law adds its own limit where a seller gives a written warranty or sells a service contract with the vehicle; our guide to "as is" sales and service contracts covers that rule. How the two fit in a particular sale is not something this page can say.
Practical steps
- Write down the delivery date and the date you first noticed the problem. The time limits in art. 2534 run from those dates.
- Tell the seller about the problem in writing and keep a copy. Article 2522 makes notice part of the warranty.
- Keep any repair record. The Code says repairs by the seller interrupt the time limit until the seller tenders the thing back or says it cannot or will not repair it (art. 2534(C)).3
- Read the sale paperwork for any exclusion or "as is" language, and compare it with art. 2548.
Limits and unknowns
This page summarizes statute text and does not discuss court decisions, which interpret terms such as "reasonably prudent buyer" and "useless." It does not say whether a given defect is redhibitory, whether a given exclusion is effective, or what a buyer should do in a particular case. The articles read here are the main rules; other articles in the same chapter add detail.
Last reviewed: 1 October 2026. Civil Code text as published by the Louisiana Legislature; art. 2534 was last amended by Acts 2021, No. 414. See how we check and the Register for how we handle state requirements.