Hey all

Im just looking for some insight on my liability here.

Bought a new car so I sold the winter tires (just rubber) from my previous car. I put about 3000 miles on them last winter and they were purchased and installed October of 2022. Sold them 2 months ago.

When I posted on Kijiji he asked if there was any damage and I said no obvi cause they were essentially brand new. When he came to look at them he went through every tire with a fine tooth comb and found a nick in the side wall where it would meet the rim.

He asked me if this would be a problem in which I responded I don’t know anything about this stuff. I even told him if he was worried just to not take them. Instead he decided to just do a last minute low ball offer in which I accepted because I just wanted them gone.

Fast forward to today where I’m guessing he went to get them put on and there’s an issue with that one tire. He called me bitching saying i told him they were good etc. i responded pretty much reiterating our meet. i kinda lost my cool a bit because he was accusing me of essentially guaranteeing the tires. i sent the receipt for where i bought them a year ago. and for the company that took them off.

all i wrote in the add was when i bought them and how many miles i put on. i know the moral issue here but where am i at legally speaking. im only asking on here for what car mechanics experience/opinion in this situation would be

  • Ruslan124@alien.topBEnglish
    1·
    1 year ago

    Even if you have legal liability, you will not be sued. Given that they were not fitted they can only come after you for the cost of the tires (or 1 tire).

    It seems in any court case it would be your word against theirs. The cost of taking you to court will almost certainly dissuade them from taking that approach. They could use small claims court but again the damage is limited to what they paid you for the tires. It will cost them anywhere between $30 and $100 to file and then they have to consider time of work for the small claim process.

    Not a lawyer but if they go ahead and use that tire and it ultimately fails full liability is with them because they knew it was damaged.

    Finally given that this was a visible nick, I am pretty sure the onus is on them to find it during purchase. Used goods are purchased as is unless a warranty is provided.

    All that to say I personally would lose no sleep over it.