Can I sue a tire shop for breach of contract?

Asked about 2 years ago - Jonesboro, GA

I purchased a road hazard package from Discount Tire for three vehicles. On one vehichle I had screws in the tires. When I took the vehicle in to have all four tires replaced, the sales rep. said, the tires were vandalized but the road hazard package stipulates the tires would be replaced with no questions asked. I confirmed this with the manager at the time of purchase. Can I sue this company for breach of contract?

Attorney answers (3)

  1. Kevin M. Veler

    Contributor Level 15

    1

    Lawyer agrees

    Answered . It would depend upon the precise wording of their hazard package and the exclusions as well as the accuracy of their "determinaton" of an excluded event such as vandalism.

    Disclosure: This answer and any information contained in this answer is not intended to be treated as legal... more
  2. Raphael Samuel Moore

    Contributor Level 16

    2

    Lawyers agree

    Answered . Depends on the exact words of the contract. If intentional wrongdoings, like vandalism isn't covered, then it's not covered. My question is how can they tell it was vandalism ?

    If you need representation, call us at (530) 758-8317 or email thelaw@mytrustedlawyer.com Our replies to Avvo... more
  3. James A. Braschler

    Contributor Level 5

    1

    Lawyer agrees

    Answered . It is possible that the agreement states that the warranty covers "everything," only to to have another provision that carves out intentional acts, off road use, vandalism, and commercial use. I am reminded of a phrase that states, "the big print givith, and the fine print taketh away." In any case, I imagine it would be difficult to determine the screws were the result of vandalism, I would ask the tire shop how they know it was vandalism.

    This answer is made for educational purposes only. By using or participating in this site you understand that... more

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