txtriathlete wrote:
nickwisconsin wrote:
I ... He is aware that by putting a sticker over the damage, (and we all know that is exactly what he did), he made an attempt to deliberately conceal this damage...
We do not know (and I say know) that he did this. We suspect he did this, but there is no clear incontrovertible evidence from what we have been told that he either knew of the damage or made any attempt to deliberately hide it. Further, unless the buyer specifically asked "does it have damage/is it cracked" and the seller failed to disclose the damage the seller is well within legal rights to claim it was sold "as is" and that the seller had the opportunity to inspect the bike before purchase - even if he knew of the damage.
Now, if there was a warranty claim filed, or he took it to an LBS for inspection, or there is an insurance (homeowners or auto) claim made or paid, then we can start talking about what he knew or didn't know at time of sale and a failure to disclose material defects.
is it bad practice - absolutely and he should take the bike back and refund the money. is it illegal or a violation of the selling contract? Not as described so far.
Again, a reasonable person would assume that a sticker (that is so out of place in terms with the rest of the bike for a variety of reasons) that just happens to cover a crack on an otherwise perfect bike - was put there deliberately.
That said, I suppose the guy could make an argument that he thought it was just a "paint chip" or something like that and was attempting to cover up what he thought was a minor cosmetic issue.
Look at it this way - if someone paints over a crack, dent, ding, damage, rust spot, whatever - in a car and then sells it (even "as-is" - if the damage compromises the car's safety) - most states have refund laws that allow people to get their money back. Now, obviously the issue here is that this is a ~$1500 bike while cars are much more expensive.
Probably not worth all the hassle and heartache that getting the guy to man up will cost. I would just get the bike repaired - ride the everloving shit out of it - and chalk it up as a lesson learned.
Seriously though...a DC STICKER?!?!?!?!!?