Due take the following as "a grain of salt", since I'm no pro mech; if it is repairable, yes; it depends on how much you value it. Those drive side stays were bent either in an accidental, an incidental, or intentional manner. The bends are almost parallel to one another, so my guess would be a motor vehicle collision ( being side swiped or t boned by a driver), an amateurish-gone-bad-attempt at re spacing the rear triangle, or an attempted illegal possesion of the bike. Yes, they will crack eventually so it will be up to you to decide between riding carefully 'til they crack/split, have a frame replace the tubes or, negotiate a refund from the seller. Good luck on whatever you decide, and keep us posted.