buying used car private party

[mrom34]

Hi,

I bought a used car from a private party few days ago (in california). The first time I met the seller, I checked the car and tested it. At the end, I made an offer. The tires were very old and the seller told me she could replace the 4 tires by new ones for 300 additional dollars. I said Yes and I gave her
300$ to replace the tires.
Then we met 2 days later to finalize the transaction. We sign all the paper. I looked at the tires and they didn't look new to me. But since I am not a mechanician, I asked her and she confirmed they were new. I am pretty stupid, but I want to trust people.

Anyway, the day after, I bring the car to a mechanician and he confirmed that the tires were not new. He said that the front tires would not last more than 9 month.
When I told the seller that the tires were not new, she said that I was liying.

I am kind of upset. Not for the 300$ but more because she says I am the liar. And I would like to know if there is something I can do.
I am not american. I am doing an professional internship here. So I don't know everything about the US rules>

We didn't sign any papers for the tires. But I kept the emails we exchanged.
Here are a copy of our emails by chronology.

me:
Do you think that the car will be ready by next wednesday or before? I am quite busy next thursday at work and I am leaving on friday for labor weekend.

her:
Yes it will be ready by the end of this week actually, sorry for keeping you waiting. We are installing the stereo tomorrow and already got the tires a few days ago. The car will be ready by friday

me:
Could you please bring the paper for the tires tomorrow. I want o know who changes these tires. I had them expected by a professional and they are definitely not new. The front tires have to be replace in less than 9 month.

her:
Hm, I don't think that's true. They were professionally done and charged 350 for it, but I don't have the receipt I can go back and talk to them sometime and i'll let you know about that.

me:
I don't think that' true too. Anyone can see they are not new. And a mechanician confirmed it to me. It's a rip off if you really paid 350dollars and I want to know who did the job. You said you could have new tires for 300$ and I trusted you.


Is there anything I can do with these emails?

Thanks in advance for your help

[DRTDEVL]

1. This is not a lemon situation.

2. What did your mechanic say when he saw them prior to your purchase of the vehicle?

3. I see her specify the tires are new at any point. A play on words, maybe, but she says she replaced them. While they may be new to the car, she never said the tires themselves were new.

4. I'd like to know where a set of new tires can be purchased and installed for $300.

[mrom34]

1. I am sorry if I post a message in the wrong section. Please don't hesitate to move it or delete it

2. The first time I saw the vehicule the tires were very old. I think she replaced them by other used tires (less old)

3. I agree she never put the word new in her emails. She just asked me if I wanted new tires. I guess I am screwed

4. I asked this question. She said she knows someone in a dealership

So there is nothing I can do. Feel so upset after myself.

[JakeB]

Sue her in small claims court and see what happens. If you come across as honest, and the seller comes across as less than honest, then the judge may rule in your favor. A written paper documenting the tire sale would certainly be helpful, but it's not required.

The only thing you'll lose by trying are some small fees, and a little bit of your time.

[Zigner]

A mechanic would not give the age of tires as a certain amount of time. There is no way the mechanic could know how much you would drive in that time. The mechanic would estimate the number of miles left.

For example: I have two vehicles with similar sized tires. On one car, a set of tires lasts 12-18 months tops. On the other, they can last 4-6 years. Why? Because I drive one car 4 times as much.

[Kiawah]

This is simple to figure out.

Each tire manufacturer will tell you the depth of the tire tread when the tire is made (for that brand and model of tire). Each brand and model can be different, so you need to look it up. Try [url=http://www.tirerack.com]Tire Rack - Your performance experts for tires and wheels[/url], look up your make/model of tire, and then look on the specs tab to see the tread depth. There are little tire gauges that you can buy, and most tire shops will have (because the measure the depth of tire tread all the time), so you can get a measurement of the actual tire tread.

Since it appears you have driven very little miles at this point, your tire tread depth should be at 100% of how many 32nds of an inch were on the tire to start with. Measure each tire, and you will know whether these are new tires or old tires.