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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38211
Experience:  Attorney,17 years experience in consumer protection areas
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My daughter bought used tires at a local garage sale in Gulf

Customer Question

My daughter bought used tires at a local garage sale in Gulf Breeze, Fl.. According to the DOT number on the tires they are over nine years old. Due to the age of the tires there are no reputable tire dealers that will mount the tires due to the fact that tires deteriorate from the inside out and over 3 - 5 years old could be a risk of failure.
I am concerned about my daughter's and grandson's safety so I returned the tires to the home where purchased and spoke to the father of the seller. The seller's father was going to contact his son to let him know that the tires were returned and stated that he was sure his son would give my daughter a refund and would have him call me. The seller contacted me in a couple of days and after a brief conversation the seller said he would not give a refund. The seller has the used tires and I have purchased new tires for my daughter. Do I have any recourse to get my daughter's $75 refunded from the seller?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question. Do I have any recourse to get my daughter's $75 refunded from the seller?.Unfortunately, the answer is no unless the seller gave some type of written warranty stating that the tires were roadworthy. Without that, any time someone buys something that is used, from cars to furniture to any other personal property, the sale is "as is" and it is up to the buyer to thoroughly inspect the goods to determine if they are suitable for their intended purpose..So there would not be any legal grounds for you to pursue a refund from the seller if they refused to do so. Even if there was some type of warranty, it would be daughter who would have to pursue this, since she was the one who entered into the purchase, not you. . I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister