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

CASINO · Mar 22, 2007

easter bunny said:
"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.

Not really. The written certified docuement from the state indicating that the frame is a salvage frame serves as actual notice of a defect. Although the defect isnt specific it is an obvious declaration that the vehicle (I know we are talking about a frame, but at one point it was an entire vehicle) does not fit the category of a new or used vehicle which are expected to meet a certain level of functionality and quality. Being that this is a personal (rather than commercial) transaction, it is perfectly reasonable for the seller to use his judgement as to the condition of the item being sold as long as its not an obvious attempt to defraud. Clearly the buyer didn't know anymore than the seller or he would have identified the defect much sooner.

^^^^ Damn that was long winded :hammer

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easter bunny · Mar 22, 2007

CASINO said:
Not really. The written certified docuement from the state indicating that the frame is a salvage frame serves as actual notice of a defect. Although the defect isnt specific it is an obvious declaration that the vehicle (I know we are talking about a frame, but at one point it was an entire vehicle) does not fit the category of a new or used vehicle which are expected to meet a certain level of functionality and quality. Being that this is a personal (rather than commercial) transaction, it is perfectly reasonable for the seller to use his judgement as to the condition of the item being sold as long as its not an obvious attempt to defraud. Clearly the buyer didn't know anymore than the seller or he would have identified the defect much sooner.

I see your point, but I was thinking that a frame does not a vehicle make. Well, I guess it does in the eyes of the state, but to an insuarnce company it just meant that it cost more to fix the bike as a whole than it was worth. The frame, as well as other components, may still have been serviceable. The sellers' description of "perfect condition" may have implied this fact. It's all legal semantics though and none of it really applies to ebay. Kinda like that whole "bidding is a legally binding contract" nonsense.

CASINO · Mar 22, 2007

Fair to say.

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ripvanwinkle · Mar 23, 2007

you said, "The Frame is in perfect condition".
if it is not, you should refund his money. why did you say that?
you didn't know that it was!

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

CASINO

easter bunny

CASINO

ripvanwinkle

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