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flat tires

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JohnnyCadillac

Junior Member
What is the name of your state (only U.S. law)?

Florida

I bought the vehicle "as-is". However, I heard the law has a few exceptions. Or maybe its not a part of the lemon law as well. Story time...

I bought a Cadillac from a dealership with low profile tires. Apparently When I left the dealership they were flat and I had a blow out ( i haven't owned a used car in years and I never went to buy one before.). I went threw a huge, stressful, fiasco towing the car and dealing with AAA. If everything else wasn't breaking on the car I might let this slide. But truth is it put a huge dent in my pocket.

Can I take the dealership to small claims court over negligence for letting me leave the dealership with flat tires??

and i guess sew them for the cost of the new tires while we are in there?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?

Florida

I bought the vehicle "as-is". However, I heard the law has a few exceptions. Or maybe its not a part of the lemon law as well. Story time...

I bought a Cadillac from a dealership with low profile tires. Apparently When I left the dealership they were flat and I had a blow out ( i haven't owned a used car in years and I never went to buy one before.). I went threw a huge, stressful, fiasco towing the car and dealing with AAA. If everything else wasn't breaking on the car I might let this slide. But truth is it put a huge dent in my pocket.

Can I take the dealership to small claims court over negligence for letting me leave the dealership with flat tires??

and i guess sew them for the cost of the new tires while we are in there?

Of course you can sue them. I would predict that you have a very, very, VERY small chance of winning. Like small enough that it will cost you more to travel to court then you can expect to recover.
 

xylene

Senior Member
Apparently When I left the dealership they were flat and I had a blow out

How is it anyone's fault but yours that your were driving on flat tires?

A flat, let alone 4, would be immediately apparent to the driver, who would most likely be responsible for resultant any damage from ignoring the warning signs such as wobble, noise and loss of control.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)?

Florida

I bought the vehicle "as-is". However, I heard the law has a few exceptions. Or maybe its not a part of the lemon law as well. Story time...

I bought a Cadillac from a dealership with low profile tires. Apparently When I left the dealership they were flat and I had a blow out ( i haven't owned a used car in years and I never went to buy one before.). I went threw a huge, stressful, fiasco towing the car and dealing with AAA. If everything else wasn't breaking on the car I might let this slide. But truth is it put a huge dent in my pocket.

Can I take the dealership to small claims court over negligence for letting me leave the dealership with flat tires??

and i guess sew them for the cost of the new tires while we are in there?

While there may a few limited exceptions, your situation is not one of them.

Any reasonable person would at least look at the tires of the vehicle to make sure there was enough air in them to drive the car off the lot. Your own inattention to this seemingly obvious detail is what constitutes negligence - on YOUR own part, and not on the part of the dealer.

I'm sure if you weren't so eager to try and drive the car off the lot, you would have seen that the tires were flat. You could have asked the dealer to fill up the tires with air, and avoided the necessity and expense of having a tow truck come to you to tow it away.

It's not the dealer's fault you weren't paying attention, and it's not reasonable to expect the dealer to pay for your own negligence here. I think you are just upset about all the OTHER things that were wrong with the vehicle you had just purchased and figured why not try to blame this on the dealer as well.

You know, if you had your own mechanic look that car over before you made the AS-IS purchase, you could have saved yourself a lot of trouble and expense for the problems you have experienced. But you still can't force the dealer to pay for something that was so obvious that anyone would have seen it - including YOU, had you been paying attention.
 

Kiawah

Senior Member
AND, what exactly is the proof that you have that the tires were flat when you left the dealership, as opposed to some pothole you hit driving away, or some kid let the air out as it was parked somewhere.

It's kind of a got ya question. If you HAD proof, you would have had the dealer fix it. If you HAD proof and didn't have the dealer fix it, then you contributed to the problem as previously mentioned.
 

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