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?
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 firstname.lastname@example.org Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. If you want that advice from us, contact us at email@example.com.
2 lawyers agree
Construction / Development Lawyer
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 advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.
Contracts / Agreements Lawyer
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 there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question