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Help. I sold a frame and the guy claims is bent.

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andrewrfl

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Discussion starter · #1 ·
So I bought a frame from a shop that said the frame was straight. I then sold the frame on ebay like 2 months ago. The guy now email me this:

frame is slightly bent, front tire is to close to fairings but barely clears about a finger, and one tab was missing on the left side of frame.


I did not see any tabs missing but there was no way I could check if the frame was straight or not. I dont know whether to believe this guy or not. He took forever to send me the money and buys and sells the same type of stuff.


How can I go about this accusation? I didnt do anything with the frame I just re- sent it the way it came.
 
#2 ·
Did you sell it as a straight frame or did you sell it "as is"? You could just be like all the other pricks on ebay and tell the guy it's not your problem, must have been damaged in shipping, he should have taken insurance.
 
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#3 ·
did you offer a warranty? If not tell him to go pound sand. Must ebay are sold "AS-IS"


buyer beware
 
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#4 ·
Generally, I would say that the guy is SOL since he bought the frame from you 2 months ago and is just now claiming that there is an issue. Even in retail most places will tell you you have x number of days or weeks to return something. If too much time passes there is just no way to insure the problem wasn't the result of the buyer's misuse. I know there is a statute of limitations with EBay and paypal. I think something like 60 or 90 days to file a complaint, so he may really be SOL even if you did something wrong (not saying that you did).

On the other hand, it does sound like you didn't fully inspect what you were selling, so you may have unintentionally given him incorrect info simply because you didn't know. If you genuinely feel bad about the situation you could refund him a little bit of money. Certainly not all of it because he waited so long. Really this would be just to get some good karma on your side.

At the end of the day, I just can't get past how long he waited to notify you of a problem. If I was in a good mood and he didn't act like a total cack, I might give him a few bucks back. Otherwise, I'd tell him sorry, you should have contacted me sooner, and send him on his way. Maybe this is a good lesson to put some disclaimer on your auctions that says you have x number of days to contact me if there is a problem.
 
#6 ·
My return policy reads as follows:

Returns must be in original packaging and made within 7 days. Street Science Racing reserves the right to refuse any returns that abuse this policy.

I can't imagine a scenario where I would refund (partial or otherwise) an attempt to return merchandise after 30 days. .
 
Discussion starter · #7 ·
Well the auction ended on the 5th of feb and he paid on the 13th so its not exactly two months.

If there was a broken tab wouldnt he email me about it? When he first got it?

I dont plan on paying for it, at least I dont want to pay for it. I dont know if paypal is allowed to take money out of my account if he files a claim. I just feel kind of bad for him since I sold him a bent frame (there was no way I could tell if it was bent or not) If it was bent it was def bent before I got it. and I bought it from nyc estate motor cars and they said it was true and straight. So I'm going by what they said.

I did put a $500 insurance on it when i sent it with ups. But will they pay for this?

I dont know if he's just messing with me but I do care about my customers. I would hate it if somebody did it to me. Which if its true it seems like estate motor cars screwed me.

What can ebay and paypal do about this? Many times when I get screwed over im just screwed and they dont do anything.


This was my description:

Here you have a 2004 Yamaha R6 frame that will fit years 03 04 05 R6s. I bought this frame from Estate Motor Cars Inc. in NYC to fix my friends r6 but he was never able to buy it back from the insurance company. The frame does not have a scratch and was guaranteed straight from Estate Motor Cars. The Frame is in perfect condition and I will provide the salvage title and a bill of sale. If you have any questions or more pictures please ask. The frame is listed somewhere else too so I may end the auction early if my reserve is not met.
Please do not waste my time or other bidders time and only bid if you plan on paying.

​
 
#8 ·
I have to agree, the guy took to long, and honestly he bought a used frame off eBay, unless you specifically said it was strait (even if you said that the shop that you bought it from said it was strait, you should still be good) you're fine.
 
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#9 ·
I think two months is a little long to get back at you about this. Probably had the frame on a bike and wrecked it or some shit and is now trying to re-coupe some of his losses by coming back to you. Just my guess.
 
#10 ·
if it was "guaranteed straight from Estate Motor Cars" get a statement from them, shouldn't be a problem, they are not lying, send it to the guy and tell him to pound the pavement, that he fucked it up. and your covered.
 
#14 ·
Since it's been over a month, ebay nor paypal will do anything. I'm sure that the buyer and seller have already exchanged feedback. He can file a complaint via paypal as item not received or completly misrepresented and they will probably log it on file, but no refund will be given. If you continue to have problems, then ebay may ban you. I wouldn't worry too much about it.

It's all 3rd party on a used item. Get the paperwork from the shop that you purchased it from and send him a copy and keep a copy.

Bikes can be torn down and put back together in a day and I doubt he bought the frame just to have for the hell of it.. It's only safe to assume that he most likely damaged the frame and is trying to scam you.
 
#15 ·
andrewrfl said:
This was my description:

Here you have a 2004 Yamaha R6 frame that will fit years 03 04 05 R6s. I bought this frame from Estate Motor Cars Inc. in NYC to fix my friends r6 but he was never able to buy it back from the insurance company. The frame does not have a scratch and was guaranteed straight from Estate Motor Cars. The Frame is in perfect condition and I will provide the salvage title and a bill of sale. If you have any questions or more pictures please ask. The frame is listed somewhere else too so I may end the auction early if my reserve is not met.
Please do not waste my time or other bidders time and only bid if you plan on paying.​
Click to expand...
In my mind the underlined statement is exculpatory. If the frame had a salvage title, then it is exactly that... a salvaged vehicle. They don't salvage title vehicles with absolutely no problems. He shoulda better known better.

.
 
#17 ·
CASINO said:
In my mind the underlined statement is exculpatory.
Click to expand...
"The frame does not have a scratch and was guaranteed straight from Estate Motor Cars. The Frame is in perfect condition"

Well, that statement does imply knowledge on the sellers behalf that the frame was free of any defects. I still think he's trying to pull a fast one and screw 'em though.
 
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Discussion starter · #19 ·
Ha I asked him if he thinks this could have happened during shipping and he replied with all capital letters as if I knew the frame was bent. he says that the bike most likely was involved in a forward wreck. that frames are strong and dont bend during shipping.

He did wait too long. And he says there was a tab missing... he could have emailed me right when he got the frame.


I gave him good feed back. He never gave me feedback. its been a little over a month since i sold it not exactly two months but enough for him to do whatever he wanted.


Im just going to email him back saying sorry theres nothing I can do.
 
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