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  1. #1
    Old Merits
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    BG Legal/Automotive... was sold a possibly unsafe car. What to do?

    So 2 weeks ago I purchased a 2008 Mazda 6i from a used car dealer. Everything seemed fine with it, and the price was pretty good, so we went with it. It had just been inspected right before it was sold to us.

    Last week my dad noticed that the front passenger side tire was a different brand than the rest, and it seemed to be sitting weird. He took the car to the dealer with me and argued that having different brand tires on the same axel is unsafe and that they should switch the tires. The dealer said that there's nothing wrong with it as long as the size of the tire is the same, and they can't put new tires on every used car they sell. After some arguing, the dealer was so confident that the car was safe that he said "if you get it in writing from Mazda that this car is unsafe to drive, I'll buy the car back from you." We just decided to leave it since there were technically no problems driving the car so far.

    However, a few days ago the CEL came on, and I took the car to Mazda to get it checked out. They said the CEL ran two codes, which were a faulty transmission (covered under warranty) and faulty EVAP pump (not covered, $500). They ordered a transmission and it hasn't come in yet. The guy said the EVAP pump doesn't affect anything aside from emissions, which would cause a failed inspection, so we didn't have that replaced since we still had one year to go til inspection.

    Then, today, when we went to Sam's Club to get the front two tires replaced, the mechanics called us over and told us that the right passenger side tire (the non-matching one) was a directional tire and was put on the WRONG WAY. Also, the rear tires were down to 4/32nds, which would fail inspection and renders the car unsafe to drive. He said that Sam's Club can't issue any legal statement on the safety of the car, but Mazda can. We told them to put the original tires back on the way they were and are going to go get the car fully inspected by Mazda on Monday.

    So, my question is, how much exactly do you think we can get out of this if I get a written statement from Mazda saying the car is unsafe to drive? The car has been driven about 1000 miles in the past 2 weeks since the purchase (the mechanic said 1000 miles should barely do anything to wear the tires, so it was likely they were at 4/32nds already). I plan to (hopefully) get the written statement from Mazda, and then go to the dealer and pretend I don't have anything against them and just ask for them to put in writing that they'll buy the car back if Mazda deems it unsafe, and then go from there.

    So, do you think:
    1. I'll get nothing. They sold the car and I can't do anything about it. They don't even have to follow their written agreement to buy the car back.
    2. I can get them to at least pay for new tires.
    3. I can get them to buy the car back and take my business elsewhere.
    4. I can actually sue them for selling me a car that's unsafe and possibly illegal to drive, or get a settlement for more than the value of the car.

    I dunno. The car is actually fine to drive in my opinion, and I don't mind paying for new tires on a used car, but I want to see what my maximum benefit from this situation is.

  2. #2
    CoP Dynamis
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    2 or 3 ...

    but nothing about buying back the car is being written down in black and white ... so can be quite shitty if you actually sue them ...

  3. #3
    CoP Dynamis
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    and ... its a very common knowledge for two tires on the same axel to be the same model / size

  4. #4

    Contact a local Civil Dispute lawyer and see what they say.

  5. #5
    gonna save some hot babes and punch radiation in the mouth.
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    Quote Originally Posted by Ahkow View Post
    and ... its a very common knowledge for two tires on the same axel to be the same model / size
    i knew about same size but same model is news to me. if anything all of my tires are the same rated speed and close as possible thread pattern. though i might look into getting them all the same now.

  6. #6
    The Optimistic Asshole
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    AS long as they're the same size, it should have been fine. The reason people say to put on the same model/size is to prevent idiots from putting 2 different size tires on vehicle and fuck up the gears. Especially the case when people stick different tires on the front and back on a 4WD vehicle. Even then, as long as the sizes are really close, it's typically not a problem. I guess the feeling is that different brands could wear a different rates, and you could end up with one size significantly different from the other. I can't imagine that happening outside of really freaky situations.

  7. #7
    CoP Dynamis
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    well , its more of the traction and the grip

  8. #8
    Relic Weapons
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    Caveat emptor. Always always always check the treads before you purchase a vehicle. But if you shout loud enough you may get them to throw some new tires in. I bought a VW Corrado back in the 90's and when I got it home I noticed that the air box was cracked. I drove back to the dealer and after some deliberation(since the car was sold as-is) they threw in a new air box.

  9. #9
    Old Merits
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    Well I guess the "unsafe" part that the mechanic pointed out was mostly in the rear tires, which were significantly worn. He said "you have a winning case on your hands," but do I really?

  10. #10
    CoP Dynamis
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    ok didnt read all , you did sent the vehicle for inspection

  11. #11
    Nidhogg
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    This sounds like an implied warranty of merchantability problem and an extrinsic agreement problem.

    Next week I'll learn about extrinsic agreements made after a K is formed, so I can't help you until then. You might be screwed though regardless b/c of something called the statute of frauds, I'll have to check later.

    But the implied warranty of merchantability, I think you can take it back and get your money back. What state are you in? I can try to look it up.

    I don't think however, you can get anything more than what would make you "whole" (is that the right use of the word lol? It looks weird to me.) again if you sue. When there is a breach of contract the law merely tries to put the person who was breached against in the same position as if the contract was fully performed by the other side.

  12. #12
    Old Merits
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    PA. :< The mechanic told me that PA has some of the strictest inspection/safety laws, so I dunno.

  13. #13
    New Spam Forum
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    Check to see if where you live have "lemon laws". The different brand thing but same size isn't unsafe but putting a directional tire on backwards is. If your state has lemon laws and you can prove it is unsafe the dealer will have to fix it or take it back and refund your money.

  14. #14

    Better check your paper work.. If you signed an AS_IS form then you are wasting everyones time.

  15. #15
    Nidhogg
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    Quote Originally Posted by Cochise View Post
    Better check your paper work.. If you signed an AS_IS form then you are wasting everyones time.
    Not true.

  16. #16
    I'll change yer fuckin rate you derivative piece of shit
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    Quote Originally Posted by Kilhart View Post
    It had just been inspected right before it was sold to us.
    What does this mean?

    Inspected by your independent mechanic, or did you just trust them when they said "oh no it's ok we inspected it!"

    If the former, your mechanic should've caught the tire issues. If the latter, you're ...um... let's just say not very good at buying a used car.

    P.S. In Pennsylvania, as per
    Quote Originally Posted by § 175.80. Inspection procedure.
    The purpose of Chapter 175 is to implement 75 Pa.C.S. Part IV (relating to vehicle characteristics), which establishes minimum standards for vehicle equipment and performance and makes unlawful the sale and use of items which do not comply with these standards.
    (1) Inspect the tires and wheels and reject if one or more of the following apply: (i) A tire has two adjacent treads with less than 2/32-inch tread remaining at any point--less than 4/32-inch tread on the front tires of the vehicles having a gross weight in excess of 10,000 pounds.
    (x) The tires used on the same axle are not the same size or type of construction--bias, belted, radial or snow.
    Your tires aren't "unsafe" by Pennsylvania inspection law, although you could make an argument (not spelled out here, but you could still make the argument) that because one tire is unidirectional and put on the wrong way, that the tires on thee same axel are not the same "type of construction", even though I assume they are both belted radial tires.

  17. #17

    Quote Originally Posted by SwampdonkeyPLD View Post
    Not true.
    99.999% true but i'm sure you know of the one person who by some miracle actually got past an AS_IS form

  18. #18

    You will spend more money on attorney fees than a new set of tires would cost. Seriously you bought a USED car. If you expected perfect tires and no problems you should have bought new. I could maybe see bitching if the steel was showing on the tire but bitching about different brand and low tread is retarded.

  19. #19
    Nidhogg
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    Quote Originally Posted by Cochise View Post
    99.999% true but i'm sure you know of the one person who by some miracle actually got past an AS_IS form
    As long as the contract wasn't intended to be complete and the extrinsic agreement doesn't contradict terms in the writing, you can supplement with extrinsic agreements that were made before the contract was signed. At issue is here though, is an extrinsic agreement made after it was signed. I won't know about that until next week.

  20. #20
    Old Merits
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    Quote Originally Posted by Cochise View Post
    Better check your paper work.. If you signed an AS_IS form then you are wasting everyones time.
    There was no "as is" form signed.

    Quote Originally Posted by archibaldcrane View Post
    What does this mean?

    Inspected by your independent mechanic, or did you just trust them when they said "oh no it's ok we inspected it!"

    If the former, your mechanic should've caught the tire issues. If the latter, you're ...um... let's just say not very good at buying a used car.
    They took it to be inspected and there was a new inspection sticker on it. HOWEVER, I just found out with some research that PA is actually the only state in the US to allow non-government garages to perform inspections. So it's possible they have their own garage that they work with that inspects cars for them, and they just had it passed even though there were faults with it (such as the EVAP pump).

    From Wiki:

    Pennsylvania is a notable exception, instead opting to have privately-owned garages doing inspections with approval from PennDOT. The flip side to this though is that some independently-run garages will do what is commonly known in Pennsylvania as a "lick-'em-and-stick-'em", which simply has the person pay the inspection fee and has the sticker replaced without actually checking the vehicle. This is illegal in Pennsylvania, which among other penalties could lead to a fine for the garage and a revocation of their inspection privileges.

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