Help - What would you do??

[Broker]

I sold a bicycle through an advert on Thehubsa on 4 August 2014 at which date the Purchaser paid and took the bicycle. The arrangement was that if he is not happy with the Compact Crank on the bike I will change that to a normal crank. Hear nothing untill a phone call on 7 Sept when he told me that he is very happy with the bike but would I still swop the compact to a normal crank. Which I was happy to do. Heard nothing untill about 18 Sept when he phoned and said he got another opinion and would prefer to keep the compact. He also mentioned something about a crack in the seatpost that he want to investigate. Today 26 Sept I received a call and he said he had the bike Xrayed that showed nothing but some friend removed the paint somewhere close to the BB and he found a crack in the carbon. 

I am 100% sure that there was no crack when he took the bike so what do you guys suggest should I do after a period of 2 months that the bike was in his posession??

 

[Eugene]

He has no recourse against you. He bought the bike 2 months earlier, why only now does he "find" a crack.

 

Surely the Xray would have shown something.

[johannrissik]

Do you have his money?

[Captain Fastbastard Mayhem]

Nothing. It's 2 months since, and you had no knowledge of any faults with the frame (I presume)

 

The crack (if there) could easily have occurred in the past 2 months, through various avenues. It's time for his insurer to come to the party.

[Broker]

Do you have his money?

As said in the original post - he paid and took the bike on 4 Aug. Yes I got paid

[Tubehunter]

This will be a good one to follow. No doubt the other person is going to share their views at some point too.

 

You don't perhaps have anything to prove the frame was without the crack at time of purchase? A photo of the affected area or something similar? That will remove a whole lot of he said, she said type argument.

[Butterbean]

To be honest, you huy second hand cause it's cheaper. But you assume the risk that you don't have the support that maybe a shop would give you.

 

You've sold it, he was happy, and now has to deal with a "crack" himself. Insurance should sort it, or he must. It's not your problem after two months.

 

If he wants the warrantee and service of a shop, he should go to a shop and pay their prices.

[Rocket-Boy]

Hmm interesting dilemma.

Personally I would say its the buyers problem now. Still its a good idea to try and take pics of all of the possible points where something could crack just to be safe.

[Th3voic3]

Everything on the HUB is sold "Voetstoots". It is the buyers responsibility to check for issues prior to handing over the cash and taking the product. Out your front door not your problem.

[lucmccann]

will be interesting indeed... i know with 2nd hand vehicle sales there's no longer a concept of "voets-toets" and you are liable for the 1st 6 months...but this is a bicycle and would be very difficult for both to prove the crack was/wasn't there when sold.

 

i wouldn't worry too much about it.

['Dale]

The ol' 'Voetstoots' rule apply

 

No worries

 

(of course, it's not a lekka feeling hey, but feel free to move on) 

[Captain Fastbastard Mayhem]

will be interesting indeed... i know with 2nd hand vehicle sales there's no longer a concept of "voets-toets" and you are liable for the 1st 6 months...but this is a bicycle and would be very difficult for both to prove the crack was/wasn't there when sold.

 

i wouldn't worry too much about it.

Nope, incorrect. Only in the case of a car bought from a dealership. If bought privately, the voetstoets / buyer beware cause still applies. BUT - if you knowingly sell a car / item with a KNOWN fault, then it's a different story. But you'd have to prove that the seller knew about the fault and willingly obscured the details. 

[Tubehunter]

Yoh, check you guys all throwing the voetstoots mantra about.

 

I would probably ask why the xray pointed out no issues and now since then there's a crack? This bit of info seems to hold the key.

[Broker]

The ol' 'Voetstoots' rule apply

 

No worries

 

(of course, it's not a lekka feeling hey, but feel free to move on) 

Dale you're so right. It's not a lekka feeling and I don't want to "do in" anybody. If this happened within a week or so from purchase date I would happily refund but after two months and him confirming that the X ray showed nothing and then someone sanding the paint off the frame to reveal a crack - no 

[lucmccann]

Nope, incorrect. Only in the case of a car bought from a dealership. If bought privately, the voetstoets / buyer beware cause still applies. BUT - if you knowingly sell a car / item with a KNOWN fault, then it's a different story. But you'd have to prove that the seller knew about the fault and willingly obscured the details. 

 

My bad, thanks for the clarity. 

[Bloukrans]

Very interesting - the buyer should have done his inspection - two months later!! (nee ou perd, moettie 'n kans vattie!). He should have asked his "expert" friends to check the bike the same day or two days later and revert with any faults - in a reasonable time - two months later!!! Tell him that you dispute his version and will seek legal advice, if necessary. Good luck OP (Disclaimer - my views are based on YOUR version)