The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Did FEMA turn you down for not proving you own your home? FEMA can still help you even if you do not have official papers to show that you own your home, or have paperwork to prove you were living in your home near the time of the disaster.

FEMA usually asks for you to provide at least one of these:

  • The deed or deed of trust to the property
  • Bond for deed
  • Quitclaim deed
  • Bill of sale
  • Will or Affidavit of Heirship
  • A mortgage statement or escrow analysis
  • Homeowners or flood insurance documents, payments records, or bill
  • Property tax receipt or bill
  • Manufactured home certificate or title
  • Court documents about who owns the property
  • A letter from a public official
  • Receipts from major repairs or improvements within the last five years
  • Statement from trailer park owner that includes how they know you owned the trailer (like they had your ownership documents on file before the disaster)

If you do not have these papers, there are steps you can take to work with FEMA.

You can write something called “a Self-Declarative Statement.” It swears that you own the property. It explains why you do not have the paperwork FEMA asked for to show that you own your home. It must say that you are saying everything in it “under the penalty of perjury.” The words “under penalty of perjury” make it a crime for you to lie in the statement.

How do I write a Self-Declarative Statement?

The Self-Declarative statement must include these things:

  • Every page must have your FEMA claim number and the disaster number. Hurricane Ida is Disaster Number 4611.
  • It must list the address of your damaged home.
  • It must say how long you lived in your home before the disaster.
  • It must have your printed name.
  • It must have your signature.

The following is a sample Self-Declarative Statement. It has places to check off items or fill in information for your situation:

“I have made a good faith effort, in coordination with FEMA, to obtain and provide a copy of acceptable ownership documentation. I do meet FEMA’s definition of an owner-occupant because I: [initial all that apply]

____ am the legal owner of the home,

____ pay no rent but am   responsible for the payment of taxes or maintenance for the home, or

____ have a lifetime right to live in the home under a will or inheritance or ________.

I was unable to obtain this documentation because:

[provide an explanation of why other documents listed above were not available].

I hereby declare under penalty of perjury that the foregoing is true and correct.”

[sign your name and the date]

If the property was inherited, instead of the three options to check off above, include, if true:

“As the nearest relative of the deceased in the line of succession, my ownership includes all the rights and obligations of the deceased.  The decedent’s name is ______, who died on _______. I hereby declare under penalty of perjury that the foregoing is true and correct.”

[Sign your name and the date]

If the property was inherited and you are not the nearest relative, include a similar substitute paragraph explaining how you came to inherit the property.

If the home is a trailer:

Include a signed statement from the commercial or mobile home park owner if you can.

For more information:

FEMA’s policy document about this is posted at https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf

FEMA’s own staff often forget about this 2021 policy change.

Proving occupancy instead of ownership:

If you are attempting to establish that the property was your home at the time of the disaster (occupancy), not ownership, your statement should be something like this:

I have made a good faith effort, in coordination with FEMA, to obtain and provide a copy of acceptable occupancy documentation.  I was unable to obtain this documentation [provide an explanation of why you could not get documents FEMA requests or how the documents you could get did not meet FEMA’s requirements].

I hereby declare under penalty of perjury that the foregoing is true and correct.

[Sign your name and the date]

Do you need help proving that you owned or lived in your home?

Someone experienced in dealing with FEMA can help. If you went through Hurricane Ida, you might be able to get free legal help from Southeast Louisiana Legal Services.

To see if you qualify for free legal aid from Southeast Louisiana Legal Services, call our Disaster Legal Services Hotline at: 1-800-310-7029, or apply at our website www.slls.org/get-help/client-services.

For More Information

https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf

Brief Overview

Southeast Louisiana Legal Services (SLLS) seeks the services of a technology consultant to assist in using publicly available data and technology to improve the way that SLLS coordinates its outreach efforts. The disaster data-driven outreach project involves two components: (1) the development of a disaster data dashboard, and (2) designing a more efficient, technology-enabled business process for coordinating outreach by staff and volunteers.  This project will provide the data needed to create a robust outreach strategy to increase disaster victims’ awareness of and access to SLLS services.

Introduction to SLLS

SLLS provides free legal assistance to indigent and other vulnerable people who cannot afford to hire a lawyer. We protect their livelihoods, health, housing and families. Through legal representation, we are able to assure fairness for our clients as they navigate through the civil justice system. SLLS works to combat the inequities and disproportionate impacts faced by marginalized communities of color. We are the largest nonprofit civil legal services provider in Louisiana serving 50% of the state’s poverty population in twenty-two parishes across southeast Louisiana. Pre-pandemic, Louisiana had the third highest poverty rate in the United States, the second highest rate of women killed by their intimate partner, the highest rate of mass incarceration in the world disproportionately impacting marginalized communities, was consistently noted as one of the unhealthiest states, and had the second highest rate of food insecure seniors. We have been struck by ten presidentially declared natural disasters since 2005’s catastrophic Hurricane Katrina, the BP Oil Spill, and the people we serve have been particularly hard-hit by the impact of COVID-19 due to our economic reliance on the hospitality and oil and gas industries and Hurricane Ida.

Pre-pandemic, SLLS had about 100 team members on staff. We now have about 165 staff working from seven offices, staff embedded onsite with other partners such as hospitals, medical clinics, homeless shelters, domestic violence victim service centers, community colleges, and robust pro bono partnerships. We have almost 100 different funding sources though LSC funding is about 45% of our budget with another almost 30% from the Louisiana Bar Foundation.

REQUEST FOR PROPOSALS

Purpose of RFP

SLLS seeks an independent technology consultant to assist in creating a streamlined technology solution for accessing all publicly available FEMA and Census data to guide SLLS outreach post-disaster. The consultant will also design and implement an efficient, technology-enabled business process for staff and volunteers to coordinate outreach services using the technology solution.

Deliverables

In this two-pronged role, the consultant we are seeking will have primary responsibility for creating a streamlined technology solution for accessing publicly available data to guide SLLS outreach efforts. The consultant will then assist SLLS in designing and implementing a business process for staff and volunteers to effectively utilize the solution and coordinate their efforts.

Disaster Data Dashboard

The consultant will have primary responsibility for creating a technology solution for accessing and compiling all public data supporting disaster outreach. We are seeking a geographic information services (GIS) dashboard combining publicly available FEMA and Census/ACS data to guide SLLS decision-making on outreach efforts post-disaster.

FEMA provides API services for data related to its Individuals and Households Program (IHP). Updated daily, this data includes the following fields by zip code and disaster that can support a more targeted outreach strategy: number of FEMA applications, number of valid FEMA applications, number of applications found “eligible” for the IHP, Housing Assistance, and Other Needs Assistance programs, number of inspections issued, and open DRC locations. Combining these FEMA data services with other community data on disabilities, homeownership and renter-ship, and other relevant demographics can help SLLS identify particularly vulnerable areas of need.

Other important data on the number of FEMA denials and reasons for denials is not readily available. Therefore, part of this project may also include advocating for those additional data sets to be shared, in order to help legal aid partners more accurately assess needs and identify disparities in recovery. Once developed, this data dashboard can be used by all legal aid organizations across Louisiana.

Outreach Business Process Improvement

Once the data solution is developed, the consultant will then assist SLLS in designing and implementing a business process for staff and volunteers to effectively utilize the solution to coordinate their efforts. This portion of the project will focus on improving the way SLLS staff members coordinate outreach efforts among themselves and volunteers. Currently, the work to coordinate staff and volunteer attendance at regularly scheduled and stand-alone outreach events is time consuming and inefficient. Largely relying on email, staff can lose track of who is set to go where in the flurry of post-disaster outreach events.

In tandem with the disaster data dashboard, a more streamlined coordination and scheduling process will reduce frustration among staff and improve the way we conduct outreach in the aftermath of natural disasters. We seek a consultant who can thoughtfully design, implement, and train SLLS staff in an efficient, technology-enabled business process for utilizing the data dashboard and coordinating and scheduling staff and volunteer disaster outreach activities.

Proposal Requirements

SLLS seeks proposals in this matter that do not exceed five pages inclusive of three references.  We request that all proposals include information on the applicable experience of the potential consultant especially in technology consultation work for comparable non-profit organizations.

Cost

Interested consultants can submit a cost proposal on an hourly rate with an estimate of hours needed to complete tasks or by using a project-based method. Please propose a payment schedule for your work under the project. Finally, SLLS requests that all candidates are prepared to provide a proposed contract for this project.

Inquiries/Contact Information

Questions about this RFP may be directed to Laura Tuggle, SLLS Executive Director, at (504) 529-1000 ext. 270 or ltuggle@slls.org

Timeline

  • Issue RFP: 1/27/2023
  • Proposals Due: 2/19/2023
  • Award of Contract: On or by 2/28/2023
  • Project Implementation: 3/1/2023-6/30/2023 (May Be Extended as Needed)

Proposal Delivery and Due Date

Proposals are due on or before 2/19/2023.  Delivery of proposals should be made electronically to Heidi Bergeron at hbergeron@whiteoakconsult.com with “SLLS Disaster Data-Driven Outreach Project” in the subject line, pdf preferred.  If you have large file size items, please provide a file sharing link with instructions for accessing the proposed materials

Evaluation Criteria and Award of Contract

SLLS may elect to schedule a conference call with potential consultants prior to awarding a final contract. Please include contact information for scheduling purposes in the RFP.

Proposals will be evaluated upon the contractor’s responsiveness to the RFP, qualifications, demonstrated experience with similar projects, and total price quoted for all items covered by the RFP. Award of the contract resulting from the RFP will be based upon the most responsive contract that is most advantageous to SLLS in terms of cost, functionality, experience, and quality of past work.

SLLS ideally seeks a firm that understands its needs as a nonprofit and legal services organization and is invested in our missions of achieving justice and social change by fighting poverty.

SLLS reserves the right to accept or reject any and all proposals and to waive any minor discrepancies or technicalities in the proposal or specifications, when deemed to be in the best interest of SLLS. We also reserve the right to negotiate with all respondents to the RFP and reject any or all offers and discontinue this RFP process without obligation or liability to any respondent.

Cost of Proposals

SLLS will not pay any costs associated with preparing proposals in response to this RFP.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Everyone getting SNAP will get lower payments starting March 1, 2023. Keep reading to find out what to do to make sure you get everything you should.

How Much SNAP Will I Lose?

Most households will lose at least $95.00 per month. Your household may lose less or more than $95.00 in March.

Many elderly people on Social Security  will remember getting only $20 in SNAP before the pandemic. Most of these people will return to getting only $20, unless they can claim new expenses, mentioned below.

Most other people will get a little more than what they got in 2019 unless they have or can report changes to the agency.

What Should I Do Now?

Make sure DCFS has up to date information about your income and bills. During the COVID emergency, DCFS may have given you extra SNAP without getting all of the paperwork and information it usually needs.

Act now to give DCFS the right information about your income and expenses. This can help make sure you get the right amount of SNAP in the future. Do not wait. DCFS may be busy and hard to reach once SNAP lowers in March 2023.

The items listed below can make your SNAP amount go up or down. The list says what information DCFS may need for each item:

  • How much each person earns or gets in benefits (paperwork may be pay stubs, W-2 forms, income tax returns, employers’ statements, award letters about disability benefits).
  • Money spent on child care so you can work (paperwork could be things like bills for child care).
  • Money above $35.00 in medical costs paid to care for older or disabled household members (paperwork may include medical bills).
  • Child support you pay (paperwork may include wage withholding statements and court orders).
  • Rent or mortgage costs (paperwork includes things your lease or promissory note).

There are websites that can help you figure out how much your SNAP amount should be. Use only trustworthy sites. Here is a site you can use: http://www.nolafoodpolicy.org/snapcalculator.

DCFS will send letters in early February telling you how much you will lose in March.

How Do I Give DCFS My New Information?

You can send documents through DCFS’ online LA CAFÉ system. You can use this online system at this website: https://sspweb.ie.dcfs.la.gov/selfservice/selfserviceJSPController?id=0.1772418717047336&tab=1.

The site will ask you to log into your LA CAFÉ account. If you do not have an LA CAFÉ account, you will need to set one up. You will need to create an LA CAFÉ profile and link your SNAP case. Once you log into LA CAFÉ, the site will show you how to upload your paperwork for DCFS.

You can also send your paperwork to DCFS by mail, fax, or by visiting any DCFS office in person. Keep copies of any paperwork you send to DCFS!

DCFS’ mailing address is:

Department of Children and Family Services ES
Document Processing Center
P.O. Box 260031
Baton Rouge, LA 70826

DCFS’ fax number is 225-663-3164.

Be sure to include your Case ID number or Social Security Number (SSN) on every page so DCFS can match your paperwork to your case.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Did you live in Bayou Towers before Hurricane Ida?

Do you have things you still need to get from your unit?

Have you been told you cannot enter?

If so, we may be able to help arrange access to remove your belongings. Southeast Louisiana Legal Services is a nonprofit law firm looking to help disaster survivors. Call our Disaster Legal Services Hotline to see if you can get free legal help from Southeast Louisiana Legal Services:

1-800-310-7029

Or apply online here.

We also help with:

  • FEMA denials
  • RESTORE Louisiana denials
  • Heir Property, Successions, and Title Clearing
  • Contractor Disputes

Brief Overview

Southeast Louisiana Legal Services (SLLS) seeks the services of a consultant to assist in determining SLLS’s eligibility for the CARES Act Employee Retention Credit (ERC) and to assist in making an application if SLLS is determined to be eligible inclusive of a tax opinion regarding our eligibility. 

Introduction to SLLS

SLLS provides free legal assistance to indigent and other vulnerable people who cannot afford to hire a lawyer. We protect their livelihoods, health, housing and families.  Through legal representation, we are able to assure fairness for our clients as they navigate through the civil justice system. SLLS works to combat the inequities and disproportionate impacts faced by marginalized communities of color. We are the largest nonprofit civil legal services provider in Louisiana serving 50% of the state’s poverty population in twenty-two parishes across southeast Louisiana. Pre-pandemic, Louisiana had the third highest poverty rate in the United States, the second highest rate of women killed by their intimate partner, the highest rate of mass incarceration in the world disproportionately impacting marginalized communities, was consistently noted as one of the unhealthiest states, and had the second highest rate of food insecure seniors. We have been struck by ten presidentially declared natural disasters since 2005’s catastrophic Hurricane Katrina, the BP Oil Spill, and the people we serve have been particularly hard-hit by the impact of COVID-19 due to our economic reliance on the hospitality and oil and gas industries and Hurricane Ida. 

Pre-pandemic, SLLS had about 100 team members on staff. We now have about 165 staff working from seven offices, staff embedded onsite with other partners such as hospitals, medical clinics, homeless shelters, domestic violence victim service centers, community colleges, and robust pro bono partnerships. We have almost 100 different funding sources though LSC funding is about 45% of our budget with another almost 30% from the Louisiana Bar Foundation.  

REQUEST FOR PROPOSALS

Purpose of RFP

SLLS seeks a consultant to determine the eligibility of the organization to receive the CARES Act Employee Retention Credit (ERC).  Should SLLS be eligible for this payroll tax credit, the selected consultant would then do all necessary work in order to complete and submit the ERC claim. A tax opinion to support our eligibility for the ERC is also required. 

Deliverables

SLLS seeks a consultant to conduct an evaluation of SLLS’ payroll and other internal documents spanning from March 13, 2020 to September 30, 2021 for the purpose of determining our eligibility for the CARES Act ERC.  SLLS’ 941 Payroll records and other finance records are easily accessible through our online database for the specified time period. This data will be made available to the consultant upon selection. Should SLLS be eligible for the ERC, the consultant will proceed to apply and submit our tax credit claim with the support from the SLLS team as required.  Additionally, SLLS requests that the selected consultant also deliver a tax opinion regarding our ERC eligibility to protect the agency.  

SLLS seeks proposals in this matter that does not exceed five pages inclusive of three references.  We request that all proposals include information on the applicable experience of the potential consultant especially in ERC consultation work for comparable non-profit organizations.  We request a cost estimate for services with the preferable compensation for a deferred payment structure.  As it may take up to 10 months for IRS approval and execution of any ERC payments, we request that all proposals offer an estimated timeline that would allow SLLS to receive the ERC by the end of 2023.  Finally, SLLS requests that all candidates are prepared to provide a proposed contract for this project

Inquiries/Contact Information

Questions about this RFP may be directed to Laura Tuggle, SLLS Executive Director, at (504) 529-1000 ext. 270 or ltuggle@slls.org 

Timeline

    • Issue RFP: 1/09/2023
    • Proposals Due to Executive Director: 1/28/2023
    • Award of Contract: On or By 1/31/2023
    • Project Implementation: 2/1/2023-6/30/2023 (May Be Extended as Needed)

Proposal Delivery and Due Date

Proposals are due on or before 1/28/2023.  Delivery of proposals should be made electronically to Laura Tuggle at ltuggle@slls.org with “SLLS Employee Retention Credit Proposal” in the subject line, pdf preferred.  If you have large file size items, please provide a file sharing link with instructions for accessing the proposed materials.

Evaluation Criteria and Award of Contract

SLLS may elect to schedule a conference call with potential consultants prior to awarding a final contract. Please include contact information for scheduling purposes in the RFP.  

Proposals will be evaluated upon the contractor’s responsiveness to the RFP, qualifications, demonstrated experience with similar projects, and total price quoted for all items covered by the RFP. Award of the contract resulting from the RFP will be based upon the most responsive contract that is most advantageous to SLLS in terms of cost, functionality, experience, and quality of past work. 

SLLS ideally seeks a firm that understands its needs as a nonprofit and legal services organization and is invested in our missions of achieving justice and social change by fighting poverty.  

SLLS reserves the right to accept or reject any and all proposals and to waive any minor discrepancies or technicalities in the proposal or specifications, when deemed to be in the best interest of SLLS. We also reserve the right to negotiate with all respondents to the RFP and reject any or all offers and discontinue this RFP process without obligation or liability to any respondent.

Cost of Proposals

SLLS will not pay any costs associate with preparing proposals in response to this RFP.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

You have rights when you buy a used car, truck, or other vehicle. The text below uses the word used “car,” but many of your rights apply to purchasing used trucks or other vehicles.

Know your rights when buying from a dealer or a private person. Some rules apply only to dealers.

Take steps to protect yourself and do your homework before you buy! Test, inspect and check the history of the car.

The Vehicle Information Number

Get the Vehicle Identification Number (VIN) for the used car you want to buy.

Keep the VIN in a safe place.

You can use the VIN to find out about the used car you want to buy.

The Test Drive

Take the car on a test drive. Drive the car on hills, highways, and in stop-and-go traffic.

Inspect the Car

Examine the used car you want to buy. Use an inspection checklist when going over a used car inside and out.

You can find used car inspection checklists in magazines, books, and trustworthy websites dealing with used cars.

You might want to hire a mechanic to inspect the car. You will need to pay to have a mechanic inspect the used car.

Find out about the used car’s history.

Get the car’s maintenance and repair records. You can ask for maintenance or repair records from the owner, the dealer, or the repair shop.

Check out reviews of the car’s history. Use only reliable websites or trustworthy databases.

Below is a government website that can tell you more about the used car you want to buy and the legal title for the car.

Check for recalls

The federal government uses a “recall” to tell the public about car safety problems.

Find out before you buy if there is a recall on the car you want. You can use the VIN to find out if the car has a recall.

You can ask the dealer if the car has a recall. If there is a recall on the used car you want, you can find out if it was fixed. Do not rely on what the dealer says; use the car’s VIN to check for recalls yourself.

Enter the VIN on this website: https://www.nhtsa.gov/recalls. You can also call the National Highway Traffic Safety Administration’s (NHTSA) Vehicle Safety Hotline at 1-888-327-4236.

If there is a recall, ask the dealer to fix it or give you proof that the safety problem covered by the recall was fixed.  Federal law does not require dealers to fix recalls on used cars. That means you might need to fix the recall issue yourself.

If you buy the car, fix a problem listed in a recall immediately. The National Highway Traffic Safety Administration (NHTSA) warns that all safety recalls pose safety risks. Unfixed recall issues might cause accidents.

Usually, a dealership that sells new cars for the make or brand you want to buy will fix a recall issue for free. This is another thing to check before you buy.

Get a Fair Price

Before you buy or put money down, find out what the car is worth. Only talk about the price once you have an idea of a fair price for that car.

There are free websites with pricing information for used cars. Here are some examples of sites with used car prices:

Find out the costs to own and maintain the car.

The cost of owning a used car includes repairs and regular maintenance. Use trustworthy websites to find out how reliable the make and model of the used car might be.

Some sites can tell you what repair problems happen with the type of car you want.

  • You can learn more from the National Motor Vehicle Title Information System (NMVTIS) (https://vehiclehistory.bja.ojp.gov/). NMVTIS has information about a car’s title, odometer data, and damage history. Expect to pay a small fee for each report.
  • The National Insurance Crime Bureau (NICB) (https://www.nicb.org/vincheck) has a free database that includes flood damage, insurance claims, and other information.

You can use the VIN to get this information and search online for companies that sell vehicle history reports. If the report isn’t recent or it seems that things are missing or untrue, the information may not be complete. You may want to get a second report from a different reporting company. Some dealer websites have links to free reports.

The Buyer’s Guide

The Federal Trade Commission, or “FTC,” is a government agency with rules about car sales, including used car sales. One rule says dealers must post a Buyer’s Guide on every car for sale.

  • Dealers selling fewer than six vehicles a year do not need to post a Buyer’s Guide.
  • Dealers do not need to post a guide for motorcycles and most recreational vehicles.

The Buyer’s Guide is important and must tell you these things:

  • If the car is sold “as is” or with a warranty.
  • What percent of repair costs will a dealer pay under warranty?
  • A warning that spoken promises (meaning promises not in writing) are hard to enforce.
  • A warning to get all promises in writing.
  • A warning to keep the Buyers Guide for reference after the sale.
  • A list of the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and
  • A warning that you should get an independent mechanic to inspect the car before you buy it.

When you buy a used car from a dealer, get the original Buyer’s Guide that was posted on the car. If you can’t get the original buyer’s guide, get a copy of the original Buyer’s Guide.

The Buyer’s Guide must tell you if there are any negotiated changes in warranty coverage. Negotiated means worked out between the buyer and seller. The Buyer’s Guide becomes part of your sales contract.

The Buyer’s Guide controls if there is a different term in the sales contract. Watch out for language about Warranties. If the Buyer’s Guide says the car comes with a warranty and the contract says the car is sold “as is,” the dealer must give you the warranty described in the Buyer’s Guide.

Find out about warranties and what it means to buy a car “as is.”

Louisiana law does not give buyers the same rights as they may have in another state.

For Example: In Louisiana, car dealers are not required to give used car buyers a three-day right to cancel. Before you buy from a dealer, ask about the dealer’s return policy. Get the return policy in writing. Read it carefully. You do not have any automatic right to cancel the sale at all.

You only have a right to return the car in a few days for a refund if the dealer gives you this right. Dealers may describe the right to cancel as a “cooling-off” period, a money-back guarantee, or a “no questions asked” return policy.

Ask about and read the dealer’s return policy before you put any money down or buy the car. Get the return policy in writing. Read it carefully.

What does “as is” mean when buying a used car? Find out ahead of time what it means to buy “as is.”

In Louisiana, the sale is not “as is” unless the Buyer’s Guide says so. A dealer must check the box next to “As Is – No Warranty” on the Buyer’s Guide to sell a car “as is.”

What if the dealer says it will repair a car sold “As is – No Warranty”? Do not rely on what the dealer says. Get any promise about repairs to a car sold “as is” added in writing as part of the Buyer’s Guide. If you don’t get the dealer’s promise in writing in the Buyer’s Guide, forcing the dealer to keep its word can be tough.

What kind of warranties cover do and do not cover your used car?

Implied Warranties

If you have a written warranty that doesn’t cover your problems, you might be covered by an “implied warranty.”

When a dealer sells a car with a written warranty or service contract, implied warranties are included automatically. There are some exceptions to this rule listed below.

Louisiana law says that cars sold by dealers must meet reasonable quality standards. This is called an implied warranty. An implied warranty is an unspoken, unwritten promise from the seller to the buyer.

Warning: dealers can add terms to the sale to undo the implied warranty. Dealers can write a notice with the words “as is” or “with all faults” to undo the implied warranty.

There is no set time limit to act on an implied warranty. There is more than one kind of Implied Warranty.

The Warranty of Merchantability

The most common type of implied warranty is called a “warranty of merchantability.” This kind of warranty means the seller promises that the car will do what it’s supposed to do.

For example, a warranty that the car will run. The Warranty of Merchantability covers basic things a car is supposed to do but does not cover everything that could go wrong with the car. Breakdowns and other problems after you buy do not prove the seller violated the warranty of merchantability.

The buyer must show that the problem was already there at the time of the sale. A problem after the sale might not be because of a defect at the time of sale.

Warranty of Fitness for a Particular Purpose

A ''warranty of fitness for a particular purpose” covers a sale based on the dealer’s advice that the car is fit for a particular use.

For Example, the dealer suggests you buy a specific car to haul a trailer. That means the dealer promises that the car can haul a trailer.

Any limit on an implied warranty’s time limit must be included in the written warranty.

What is a limited warranty?

Dealers may offer a full or limited warranty on all or some of a car’s systems or parts. Most used car warranties are limited. What a limited warranty covers varies.

A full (not limited) warranty includes the following terms and conditions:

  • Anyone who owns the car during the warranty period is entitled to warranty service.
  • Warranty service will be provided free of charge. That includes things like removing and reinstalling a system covered by the warranty.
  • You can decide whether to replace the car or get a full refund if the dealer cannot fix the car after trying a reasonable number of times.
  • To get a warranty service, you must tell the dealer that the car needs a repair covered by the warranty. An exception is if the dealer can prove you must do more to qualify for warranty service.
  • You only must tell the dealer that a warranty service is needed to get it unless the dealer can prove that it is reasonable for you to do more.
  • Implied warranties have no time limits.

If any of the things listed above are missing or excluded, the warranty is limited. A full or limited warranty doesn’t have to cover the entire car. The dealer may say that only certain things about the car are covered.

Some parts or systems may be covered by a full warranty. Other things about the car may have only a limited warranty. The dealer must check the appropriate box on the Buyers Guide to show if the warranty is full or limited.  Look for this information in the Buyer’s Guide.

The dealer must include the following information in the “Warranty” section of the Buyer’s Guide:

  • What part of the repair cost the dealer pays. For example: “Dealer will pay 100 percent of the labor and 100 percent of the parts...”
  • What things about the car are covered? For example, a warranty that covers the frame, body, or brake system.
  • The back of the Buyers Guide lists the major systems where problems may occur.
  • How long does the warranty last for each item covered? For example, “30 days or 1,000 miles, whichever comes first.”
  • If there is a deductible. If there is a deductible, how much is the deductible?

Can I review the dealer’s warranty before I buy the car?

You have the right to see a copy of the dealer’s warranty before you buy. Review the dealer’s warranty carefully to find out what is covered. Things to look for:

  • How to get repairs done.
  • That includes where repairs are done and who does repairs.
  • Who must carry out what the warranty covers
  • Check out who does the warranty work to see if others have reported problems with them.

What can I do if I have problems after buying a used car?

You can contact the local Better Business Bureau (BBB) in your area to see if they can help you solve the problem. In the Greater New Orleans area, the BBB number is 504-581-6222.

The Louisiana Used Motor Vehicle Commission “LUMVC” is responsible for licensing and regulating independent used car dealers. The LUMVC also investigates complaints about used motor vehicle sales, auctions, crushers, automotive dismantlers, rent with the option to purchase, daily rentals, and used parts and accessories.

The LUMVC only covers dealerships. The LUMVC does not cover sales between individuals.

How do I file a complaint with LUMVC?

You can call the office at 800-256-2977. Or you can fill out a complaint form found at: https://lumvc.louisiana.gov/wp-content/uploads/2019/02/Consumer-Complaint-Process.pdf.

The top of this form has information on where to send it to. Or you can file a LUMVC complaint online at: https://lumvc.louisiana.gov/complaint-form/.

Can I sue the seller if none of the above resolves my issues with the car?

Yes, you can sue.  If you paid $5,000 or less for the car, you could sue the seller in Small Claims Court. For most parishes, Small Claims Court is in the Justice of the Peace Court.

For more information about Small Claims Court, check here: https://lasc.libguides.com/c.php?g=583267&p=4027476.

In Orleans Parish, Small Claims Court is in First Parish Court.

If you live in Algiers, Orleans Parish Small Claims Court is in Second Parish Court. Learn more here: https://www.orleanscivildistrictcourt.org/first-city-court-clerk

Learn more about buying a used car on this site from the State of Louisiana: https://lumvc.louisiana.gov/facts-for-consumers-about-buying-a-used-car/