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What if the dealership sold me a car with old, dry rotted, or mismatched tires?
Many consumers assume that when they purchase a vehicle from a dealership, the tires are safe, appropriate for the vehicle, and ready for real-world driving. Unfortunately, some dealers cut corners, install mismatched or old tires to save money, or misrepresent the condition of the vehicle altogether. When those unsafe tires contribute to a crash, the dealership may face significant liability. Clark Fountain handles complex tire defect and dealer misconduct cases throughout Florida and the United States and understands how to uncover what really happened.
- Is it legal for a dealership to sell a car with unsafe or dry-rotted tires?
Dealerships have a duty not to sell vehicles in an unreasonably dangerous condition. When a dealer markets a vehicle as safe, inspected, certified, or road ready but delivers it with visibly aged, cracked, or unsafe tires, that misrepresentation can create liability under negligence, breach of warranty, and consumer protection laws.
- What counts as an “old” or dry-rotted tire?
Tires degrade over time from heat, oxygen, UV exposure, improper storage, and simple age. A tire can appear to have good tread but still be dangerously dry, cracked, or brittle. Any tire that shows sidewall cracking, significant dryness, or hardening of the rubber may be beyond its safe service life. Date codes (DOT codes) reveal a tire’s true age, which is often a critical piece of evidence in these cases.
- Are mismatched tires (different brands, sizes, or load ratings) actually dangerous?
Yes. Vehicles rely on balanced traction, braking, and cornering forces. Mixing tires with different tread patterns, compounds, sizes, speed ratings, or load capacities can destabilize handling and increase the risk of fishtailing, spin outs, hydroplaning, and rollovers. Many rollovers handled by Clark Fountain involve tires that were wrong for the vehicle.
- Does a dealership have a duty to inspect tires before selling a vehicle?
If a dealer represents a vehicle as certified, safety inspected, or ready to drive, it is implicitly assuring buyers that major safety components, including the tires, are in acceptable condition. Selling a vehicle with obviously unsafe tires after making such statements can amount to negligence or deceptive trade practices.
- What if the dealer told me the car had “new” or “good” tires?
If the dealer stated that the tires were new, recently replaced, or in good condition when they were in fact old, dry rotted, mismatched, or worn, that can support claims for fraud, misrepresentation, breach of warranty, and violation of consumer protection statutes. Statements about safety and condition carry legal consequences.
- Can selling mismatched tires violate warranty or consumer protection laws?
Yes. When a dealer promises OEM equivalent equipment, certified inspection, or a safe and reliable vehicle, installing mismatched or improper tires may breach implied warranties of merchantability. It may also violate state consumer protection laws that prohibit deceptive or unsafe sales practices.
- What are red flags that the dealer knew or should have known the tires were unsafe?
Red flags include visible cracks or bulges at the time of sale, unusually cheap tire swaps just before listing the vehicle, missing inspection documentation, refusal to provide DOT date codes, or vague statements about safety instead of specific answers. These patterns often surface in cases where dealers knowingly passed along unsafe vehicles.
- Does a “sold as-is” sticker protect the dealer if the tires were dangerous?
Not necessarily. “As-is” language may limit some contractual claims but generally does not shield a dealer from active misrepresentations, fraud, or violations of consumer protection statutes. Most importantly, it does not excuse selling a vehicle in an unreasonably dangerous condition.
- What should I do if I discovered the tires were dry-rotted or mismatched before a crash?
Photograph the tires in detail, including sidewalls, tread, and date codes. Note differences in brand, size, or load ratings. Save all purchase paperwork and advertisements. Get a written evaluation from a reputable tire shop identifying the safety concerns. Documenting early strengthens your case significantly.
- What if I was in a crash and suspect the old or mismatched tires were to blame?
Seek medical care immediately. Preserve the vehicle and tires in their post crash condition. Do not authorize disposal or repair until an attorney and qualified tire expert have examined them. Obtain the police report and keep photos of the scene, skid marks, and damage. These materials are critical in proving dealership negligence or product defects.
- Can I hold the dealership liable if bad tires contributed to my accident injuries?
Yes. Depending on the facts, potential claims may include negligence, breach of express or implied warranty, deceptive trade or unfair business practices, and in some cases product liability or joint liability with manufacturers or installers. Clark Fountain pursues all applicable claims to maximize recovery.
- Can I also have a claim against the tire manufacturer or installer?
If the tire itself was defective or installed improperly, liability may extend to the tire manufacturer, the shop that mounted or balanced it, or the entity that recommended or installed the wrong tire. Many cases involve multiple responsible parties.
- What compensation might be available if unsafe dealership tires caused a crash?
You may be able to recover medical bills, lost income, diminished earning capacity, pain and suffering, property damage, and in cases involving fraudulent or deceptive conduct additional statutory or punitive damages.
- What evidence should I gather to prove the dealership sold me unsafe tires?
Key evidence includes high quality photos of the tires and sidewalls, DOT date codes, brand and size markings, inspection reports, dealership advertisements or online listings, repair invoices, certification checklists, and written or electronic statements from sales personnel. Clark Fountain often uncovers dealership practices and prior complaints through discovery.
- How soon should I talk to a lawyer if I suspect the dealer sold me a car with old or mismatched tires?
You should speak with a product liability or consumer fraud lawyer immediately. Early involvement helps secure the vehicle and tires, preserve evidence, engage experts, and avoid mistakes such as discarding tires or making incomplete complaints that can weaken your case. Clark Fountain offers confidential consultations and evaluates these claims with both automotive engineering and consumer protection expertise.
