I sold a kid a set of Tires about a month ago. 5 tires. He looked at them twice before he bought them. When I told him about the tires, I showed him the inner beads of two of the tires. They had a small rip in them. Really not an issue, you just need to use bead sealer to mount them. Most wheelin tires need it anyway. I told him about it, and showed him. The family didnt have the money for the tires at the moment, so i GAVE them to him. 2 weeks later they paid me. NOW he calls me and says PEPBOYS cant mount them. First off, Pepboys isnt allowed to mount tires unless they are new and you buy them from Pepboys. Second, the Kid is demanding his money back on tires he bought a month ago...that had no warranty. He also knew about the beads being ripped, as I told him and showed him before he took them. He left me a message on my phone saying "you better call me or your going to have to deal with my dad..and you dont want to do that"

What am I looking at here fellas? I had the tires ON MY TRUCK for a month with zero problems. He bought them and a month later is pullin this on me? IIm not a dealer and they had no warranty. Its "buy at own risk". I wasnt ripping him off, as I know for a fact tthe tires are fine..and that any real tire shop will mount them. Does he have a case in court, or is there anything he can do?

 

You give him a recept or anything? All he has to go on is he said she said. I doubt anything would stand up in court. Did you post an add? Did you say plainly that the tires had small rips and whatnot?

This kid sounds like he is early-mid teens.

 

if its that big a issue tell him to buy 2 new tires .... no refunds buyer beware

 

If he's under the age of 18 you can't enter any legal contract with him unless he is an emancipated minor. So he's got you in court.

I'd just let it play out, if it goes to court, then I'd give him his money back. More then likely it'll just be alot of huff/puff

 

Thats some crap right there. You showed him what was "wrong" and told him they would work anyway. Just tell him to take them somewhere else and stop crying about it.

 

unless specifically stated used merchandise sales are "as-is", especially if you specifically showed him the possible "defects". I'll tell him to bug off.

 

I forget how old he is...The recept and no warranty of any kind. Now i have his mom,dad and him calling me. BTW his mother paid for them

 

Did you explain to his parents the deal?

What do they expect you to do? Did you tell them to go somwhere else to mount them because you know why that particular store wouldnt?

 

tell them to go to a different place and get them mounted...

 

I am no lawyer but if the kid is less than 18, there may be legal recourse by the parents in your state. But....

The kid has threatened you in a subtle manner.

The transaction was private party with a gentleman's agreement.

So, all that said, I would forget about it. The parents can not have you arrested. They may try and sue you in small claims court. So, I would sit down now and write out every thing you remember about the sale. What the kid said and agreed to and what you said and showed the kid. If you go to court, give the Judge a copy and relax. The kid will have to try and recall what he remembers which will be iffy in front of the Judge. If what you said is correct, the Judge should favor your professional appearing defense. I would counter sue for your time and costs.

That is my opinion and not legal advice.

 

His parents really had nothing to do with it, besides pay me. His dad came out, saw a pile of tires and said "ok" I explained to the kid that they need to take them elsewhere...and he said "no, now you have to deal with my mom and dad" So his mom text me saying " you need to get the money back to me"

 

You explained the problem to him, just say go mount at another place.

 

+1 pep boy's has no business mounting tires anyway. I remember watching a car fall off the lift one time

 

Let the buyer beware. I think that you were a seller in this situation and you even let them walk off with and hold the merchandise until they paid you. I think you could use that in your favor to show that you did not misrepresent the tires. Contract with a minor? Is that a state by state law? And I wouldn't even talk to his dad

 

What im really looking for is...Can he take me to small claims court? What exactly CAN THEY DO? The only evidece I have is my craigslist add....but it was deleted since its so old. BTW he didnt even see the add, he is a friend of a friend

 

BTW* im 19 and hes 17 or 18

 

Tell them plain and simple. You are not getting your money back, and you have nothing to go off. I explained everything to you plain and simple.
If they took your to court what would they have to go on? There is add (deleted), no papers, just words. And sombodys word will not hold up in a court.

 

If his MOTHER paid for them then she is the contractual person and I am sure she is not a minor. I'd tell them all to take a big bite and go away.

And I'd also tell them to stop calling me or just block their number via your caller ID. If they won't stop calling then file a harassing phone call with the phone company as they take that crap pretty serious.

 

Yupp...I think what it is is this...

The kid used his momsmoney to buy tires for his DADs truck. Niether the mom or dad really looked at them. NOw Pepboys said they wont mount them, and the parents are giving the kid crap for it. So he is saying i never told him about the ripped beads....so that his parents will think its my fault, not his.

 

I'd tell him that he's not getting his $$ back and it's tough and go get them mounted somewhere else.