I’m in the process of selling one of our used bikes. I’ve sold a lot of bikes in the last few years. The situation with this buyer makes me want to have some ‘as-is’, ‘no refund’, ‘no grace period’ sort of document signed by them. I’ve never done this and never felt the need. Any suggestions on the exact wording of such document?
Subject to the “I’m not a lawyer that is licensed in your state blah, blah, etc.” I would draft a piece of paper entitled “sales receipt” and include a basic description of the bike and make the following points: The bike is used, buyer has had the opportunity to inspect it and that the sale is “as is” with no warranties expressed or implied by you. I’d make two copies and have him sign the one you keep, the other goes to him. The key is you want to avoid any future claims from the buyer for fraud on your part. Therefore you need to disclose to the buyer any known problems with the bike (disclosed problems should be noted in the “sales receipt”) and make sure that you didn’t claim anything in your advertisement, or the description in the “sales receipt,” that is not true. If you do that, you should be protected.
Once you have his money, he’s the one that would be out of luck if he was somehow unhappy.
You don’t have anything to worry about.
IMO…if you’re concerned about it, then go through eBay even if you have established a price. Do a BIN. The eBay fees will be your insurance policy.
You need of Bill of Sale form. Either go to Office Depot and get one or use the one here: http://www.lectlaw.com/forms/f123.htm
statute of frauds?
i don’t really deal with goods for sale contracts, but i seem to recall that the statute of frauds (i think adopted in all states except louisiana) requires that any sale of a good in excess of $500 is enforcable only if there is some sort of written document to commemorate the contract. it doesn’t have to be in the form of a receipt or formal contract, just something written that demonstrates the formation of the contract and some signatures. perhaps it would be prudent for someone who deals with the selling of goods, like, i don’t know… bikes… (op)… to have at least a basic written document that indicates a contract agreement.
p.s. i am not a lawyer. i am not giving advice to the op, merely an opinion. i am not creating a client/attorney relationship with anyone.
If the questions relates to an oral agreement for the sale of the bike and the sellers ability to enfore it, you may be correct. However, I think the OP was primarily concerned with the Buyer coming back later after the sale and wanting to complain or return it. If it is the later, I think the sales receipt with full disclose of known problems and “AS IS” language will protect the seller.
The situation with this buyer makes me want to have some ‘as-is’, ‘no refund’, ‘no grace period’ sort of document signed by them.
No piece of paper will protect you from a real problem buyer. If you are really concerned, tell the buyer that the bike is no longer for sale. Sometimes it is just not worth it.
I believe that even though the ‘as is’ language will protect the seller from buyer’s remorse, I don’t believe it will protect the seller from any known defects that were not disclosed by the seller even though the buyer had the opportunity to inspect it before the sale.
I think the ‘as is’ language is not a 100% sure deal to protect the seller. There is still some wiggle room and it’s a grey area imho.
I agree with you completely . . . and stated that in both of my prior posts.
My bad. I only read your last post. I was lazy 
agreed. i was just saying that based on the post by the op, he doesn’t have any paperwork and we might as well kill two birds with one stone. i guess to make the analogy more accurate, to hit a bird with a stone, and then having that stone strike a second bird behind the first bird that the thrower of the stone had not previously noticed.
i agree with everyone wo has said it may not be worth it. there are alot of people out there that will not rake you over the coals to buy a bike. If you are confident that the bike is good and undamaged and you are getting the ‘I might not actually want the bike’ vibe from the buyer then I’d take a pass. the next thing you know you could have a lot of time sucked up and be out shipping and paypal costs through no fault of your own.
If that is how you feel you probably shouldn’t sell it to them.
If you don’t both walk away thinking that it was a good deal then you you will probably wind up with more headaches than it is worth.
Unless this is a “hard to sell” bike, due to price or age or whatever, I’d find another buyer!!!
No way is this worth the problems it may cause.