America's Tire Redwood City Calif
by Edwin House
(San Carlos Calif.)
They tried to sell me old dated tire for new and when i caught them they took it back and kept my money. The police was called and I will take them to court, They will PAY for this WRONG DOING!
This was done in the Redwood City store 1610 Broadway Redwood City Calif.
I am Mad As Hell
They should NOT have stolen the Tire from me in the Parking lot as I was Trying to Leave. It is PAST the point of them offering me my money back I will SUE them in Court!
From the way you describe this, it sounds like they have the tire which they "sold" you, and they still have your money.
If that is true, my view is that you have every right to either get a tire or your money.
In terms of the claim that it was not a "new" tire but was an "old dated tire" it is not clear that you have a valid claim that would hold up in court. Tires do not have an "expiry date" so if the tire was unused, then then business is correct in selling it as a new tire. If the tire was older than 5 or 6 years, it is possible that the manufacturer would no longer respond for any claim for manufacturing or material defects, but it still is an unused tire and that means that it can be sold as "new,"
That is my interpretation of the information you have provided. I'm not taking sides, but I don't believe you have a valid case that would stand up in court unless they refuse to return your money to you for the tire which they removed.