What to do if the tire company sold me used tires instead of new tires but the owner and he was rude and will not discuss the matter any further?

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What to do if the tire company sold me used tires instead of new tires but the owner and he was rude and will not discuss the matter any further?

What should I do next? It hasn’t been a year since I purchase 2 of them and 4 months for the last 2. I ran over something in the road and ended up with 2 tires flat. I had a spare and had to purchase another tire. I told him I wanted my old tire because it was practically new and he said no that is a used tire.

Asked on April 16, 2012 under Business Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you paid for and were supposed to be provided new tires, but the tire company sold you used ones, that would breach of contract and/or consummer fraud, and you would have grounds to sue for compensation. (You could potentially sue in small claims court, where you could represent yourself and save on legal fees.) If you knew you were buyng used tires at the time, though, and agreed to that--even if under protest or reluctantly--you would not have a cause of action.

There is no requirement to be polite, courteous, or professional, or to discuss matters with customers--the owner can be rude to you if he wants, and you have no legal grounds to take action due to rudeness.


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