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JBaxLaw, Lawyer
Category: Consumer Protection Law
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Experience:  Wide experience in consumer rights law.
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Is it illegal in Nevada for a retailer, in this case a tire

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Is it illegal in Nevada for a retailer, in this case a tire dealer, to charge an out of state person more for a set of tires than he would charge a local customer? Is this in violation of the Nevada consumer protection law prohibiting a retailer from failing to disclose material information about a product? I was overcharged by $900 for a set of tires for my camper and want to know if I have a chance of winning in small claims court.

I am a professional here to assist you. I appreciate your use of this service.

Were the tires advertised cheaper than you paid? Please explain what occurred.
Customer: replied 4 years ago.

My wife and I were towing our camper thru Wells, NV. We stopped for gas and the attendant told me I had a bad tire. On further inspection he told me that all 6 of the tires needed to be replaced. He also told me that he was the only place in town that had the tires I needed. We call another tire shop that had no tires in our size. The salesman quoted me a price on a set of 6 tires for an estimate of $1700. I knew that sounded quite high but felt that I had no choice. I did not have $1700 available but he told me that Bridgestone had a deal on tires where they would finance them for 6 months at no interest. Since I had no choice, I agreed. Final cost was $1793. When I returned to Idaho, I called Bridgestone to complain that I had been overcharged. They wanted to know the tire make and size. When I got that information from the trailer tires, I discovered that I did not even have Bridgestone tires but a brand called Duro. I called Duro, in Georgia, and was told that the tires retail for about $100 per tire plus parts, balancing, and labor. I called a Duro dealer and he gave me a price of $155 per tire including all parts and labor. I have called several other tire dealers and have been quoted prices averaging about $150 per tire for good trailer tires. I had my son in law call the dealership that sold me the tires and he was quoted about $153 per tire for a tire of similar quality since they did not carry Duro any longer. I spoke with the owner of the dealership. He feels he has the right to charge whatever he can get. He has no intention of making it right.

A tire dealer is free to negotiate prices with customers. There is no obligation to tell a customer the average retail price of tires or otherwise disclose pricing information. The burden for researching appropriate pricing falls to the customer.

You mention failure to disclose material information. That concept is important if the dealer claimed to sell you one brand and instead switched to a cheaper brand. I am not clear if that occurred here.

A dealer of tires can negotiate prices independently with each customer no matter if the customer is from within or outside of the state. This does not mean the practice is ethical or fair, but only that the law does not go so far as to prohibit such behavior. This type of sales behavior is typical of tire retailing. There is no required MSRP or other disclosure unfortunately and no general requirement to limit one's profits to a fair margin.

Please let me know if you need any other information about any of these issues. I only receive credit for assisting you if you leave a positive rating so I would appreciate your doing so.

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