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Bike with Cracked Frame

Old 05-13-20, 09:39 PM
  #26  
HerrKaLeun
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So far OP didn't even see the crack. As far as I can guess there may not even be a crack. Or the buyer crashed. Or the shop broke it....

If there was a significant crack from a crash, the OP sure would remember the crash.

No idea on legal situation wherever that was sold. But I assume the buyer didn't pay an extra $100 for the extended 10 day "including crash damage" warranty 😇
Or tell the buyer the frame warranty only applies to original owner (manufacturers get away with that BS, so should you)

Let the buyer provide evidence first. I mean, if the crack is significant and appears to be old, for the peace, refund the money. If not, let him hire a lawyer and court fees for that $50 bike. Or whatever the sale price was.

OP doesn't provide lot of info here. So don't complain about bad answers. But if I sell a bike I clean it. I would see a significant crack. If OP did the same, safe to assume the crack is new or insignificant.
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Old 05-14-20, 12:38 AM
  #27  
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This happened to me once, it was a entry level bike and I just gave the guy his money back and parted it out. I was more mad at myself for missing the crack (small head tube crack under the down tube) as I spent several hours refurbishing the bike with new cables and getting the entry level components to shift right. I shouldn't of bothered refurbishing as I didn't get much for it, but I felt bad letting it go to waste.
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Old 05-14-20, 05:41 AM
  #28  
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i am guess Buyer’s remorse...so he find nit picking thing to get a refund.
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Old 05-14-20, 07:03 AM
  #29  
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Options:
1) Negate the deal: refund the money and take the bike back.
2) Call the shop to which he took the bike and ask for their objective opinion, then negotiate with the buyer.
3) Go to small claims court. The buyer would be required to provide reasonable proof so you would have to be prepared to counter. I know in the US, any sale involving a motor vehicle over a certain age is considered "as is" by the courts (unless there is clear evidence of fraud). Perhaps BC does this as well and it applies to private sales. If you prevail, great, but the probability is that you'll spend time and additional money be forced to do option 1 above.

I bought a bike once and, despite my knowledge and experience, I missed some major frame damage that I discovered when I got home. I chocked it up to a humbling teaching moment and never once contemplated contacting the seller.
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Old 05-14-20, 07:13 AM
  #30  
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From the Sale of Goods Act,[RSBC 1996] CHAPTER 410

Implied conditions as to quality or fitness

18 Subject to this and any other Act, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale or lease, except as follows:

(a) if the buyer or lessee, expressly or by implication, makes known to the seller or lessor the particular purpose for which the goods are required, so as to show that the buyer or lessee relies on the seller's or lessor's skill or judgment, and the goods are of a description that it is in the course of the seller's or lessor's business to supply, whether the seller or lessor is the manufacturer or not, there is an implied condition that the goods are reasonably fit for that purpose; except that in the case of a contract for the sale or lease of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose;

(b) if goods are bought by description from a seller or lessor who deals in goods of that description, whether the seller or lessor is the manufacturer or not, there is an implied condition that the goods are of merchantable quality; but if the buyer or lessee has examined the goods there is no implied condition as regards defects that the examination ought to have revealed;

(c) there is an implied condition that the goods will be durable for a reasonable period of time having regard to the use to which they would normally be put and to all the surrounding circumstances of the sale or lease;

(d) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade;

(e) an express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent with it.
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Old 05-14-20, 07:28 AM
  #31  
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It’s all the commercial retailers, with their money back, no matter what policies. They have created monsters, with unrealistic expectations, that are carrying over to private transactions.
Tim
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Old 05-14-20, 09:31 AM
  #32  
Wilfred Laurier
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A few thoughts:

A crack in a frame can exist for a long time without being noticed. The number of safely completed rides, though, are no indication of the cracked frame's potential for further safely completed rides - the frame must be retired after the crack is discovered because cracks never get less serious with time and use, only more serious, and will eventually result in a more serious failure.

If the buyer is requesting money refunded and bike returned to seller, this is in no way a 'scam'. All monies and property will be in the same hands they were ten days ago, as if the original deal never happened. Unless there is evidence of the buyer crashing or riding abusively then it is reasonable to assume the crack was there but not noticed when it was sold.

I had about ten thousand kms on my first touring bike when I noticed the crack. I had noticed creaking and unusual 'squirming' in the rear end for some time before that. I suspect the frame had been cracked for months and probably hundreds of kms before I finally found it (crack was in the drive side chainstay, hidden behind the chainrings).
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Old 05-14-20, 09:45 AM
  #33  
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The assumptions are flying thick and fast in this thread.

If you value your time and want less stress in your life take the bike back. At minimum you could meet the buyer with bike at the shop and verify the information re: crack.
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Old 05-14-20, 10:12 AM
  #34  
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Originally Posted by Wilfred Laurier View Post
A few thoughts:

A crack in a frame can exist for a long time without being noticed. The number of safely completed rides, though, are no indication of the cracked frame's potential for further safely completed rides - the frame must be retired after the crack is discovered because cracks never get less serious with time and use, only more serious, and will eventually result in a more serious failure.

If the buyer is requesting money refunded and bike returned to seller, this is in no way a 'scam'. All monies and property will be in the same hands they were ten days ago, as if the original deal never happened. Unless there is evidence of the buyer crashing or riding abusively then it is reasonable to assume the crack was there but not noticed when it was sold.

I had about ten thousand kms on my first touring bike when I noticed the crack. I had noticed creaking and unusual 'squirming' in the rear end for some time before that. I suspect the frame had been cracked for months and probably hundreds of kms before I finally found it (crack was in the drive side chainstay, hidden behind the chainrings).
It's a scam if the new owner or bike shop caused it by abusing it like many people do. It may also be completely insignificant. If you have a 20 yo bike you should also not expect it will necessarily last another 20 years.
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Old 05-14-20, 10:16 AM
  #35  
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Originally Posted by Oneder View Post
It's a scam if the new owner or bike shop caused it by abusing it like many people do. It may also be completely insignificant. If you have a 20 yo bike you should also not expect it will necessarily last another 20 years.
Many people do, but to abuse it on such a scale that a frame in good condition cracks in a week? Not normal. Also, are you suggesting frames are regularly cracked when being serviced in a shop?
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Old 05-14-20, 10:28 AM
  #36  
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Originally Posted by mtb_addict View Post
i am guess Buyer’s remorse...so he find nit picking thing to get a refund.

If the bike shop did find a crack, that's a pretty big nit not to pick. Would you just let it pass, hmmm?
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Old 05-14-20, 11:18 AM
  #37  
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I don't think he can take you to small claims court unless the bike was sold for more than 3500$. Filing a claim in small claims court also costs like a 100$ or something. I think in BC it'd be resolved through: https://civilresolutionbc.ca/
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Old 05-14-20, 01:40 PM
  #38  
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it's cracked steel?
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Old 05-14-20, 02:20 PM
  #39  
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Originally Posted by Flip Flop Rider View Post
it's cracked steel?
Maybe, maybe not. OP hasn't been back in a while, for some reason.
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Old 05-14-20, 07:24 PM
  #40  
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Sorry, poor English skills. Did not know there was a crack at the time
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Old 05-14-20, 07:34 PM
  #41  
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Originally Posted by Flip Flop Rider View Post
it's cracked steel?
I believe it is aluminum
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Old 05-14-20, 08:58 PM
  #42  
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You sold a bike and don't know, for sure, if the bike was made out of steel or if it was made out of aluminum.

It would seem to me that you are not really in much of a position to say that there was no crack in the frame.
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