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A Fair Solution


mintsauce

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I bought a bike last night from someone on the forum, who shall remain nameless, but who seems to be a nice bloke.

We met up in the pouring down rain and I couldn't really test ride the bike much because he'd brought it with a flat front tyre and we didn't have a working pump between us to inflate it fully.

I looked over the bike and he assured me everything was fine and working well. He appears to be a geniune guy and I have no reason to believe that he was lying. I believe him that he thought everything was 100% OK with it.

Thing is everything wasn't OK with it.

I gave him the cash and we went our seperate ways. At the next services I pulled in and glancing at the bike in the back of my car saw that the front lever clamp was knackered.

I phoned him straight away to tell him.

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I got home at midnight last night and mailed him the picture (above)

I figured I could still ride it without a front brake at lunch time today so this morning went to load it in my car. Pushing it down my drive I pulled on the rear brake and the rear magura lever snapped off!!

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I've had the bike 12 hours, 7 of those hours I have been asleep, and I have ridden it (with a flat front tyre) all of 1 minute!!

Two broken levers = unhappy me

I'm not saying this nameless guy is a scammer at all. I am just asking what you think a reasonable solution to this situation is.

- Should he buy two second hand maggy levers and post them to me?

- Should he compensate me with money? If so, how much?

- Should I have noticed the damage and therefore this is all my fault and there is nothing I can do about it?

- Other suggestions?

We'll sort this out between us, I'm sure of that, and find a solution that is fair for both parties. I just wanted to hear people's opinions

Peace

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Was this damage listed in the item description?

If not, then he really ought to compensate you somehow.

No it wasn't.

Quote from a PM where I asked him about the condition of the bike:

"Hi, All parts are in excellent condition, theres a tiny dent in the top tube, hasnt taken the paint off or anything, very minor thing. Forks are also great condition, cant even think of any damage."

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Can you get away with running the front brake? As it's not stripped does it actually clamp down?

The brake clamps down still (which is probably why the seller didn't notice).

However I can't run it because there is a split in the lever body itself (see pic)

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As for the rear brake do you think it was snapped already and just pushed/superglued back on or was it on it's last legs and failed when you tried to use it?

Only met him for a few mins but I DON'T think he had 'just pushed/superglued back on'. I believe it was damaged but the damage was unknown to him (this is based on the fact that he gives me his word that he didn't know, and I believe him).

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If that's the case and he was unaware of the damage (possible I guess) I would say that a goodwill gesture of like £20 refund or something would be the best I'd expect... Certainly worth getting in touch with him and see what he says about it though.

With regards the front lever I can't see the crack you mean, looks more like marks from where the snapped part of the clamp has rubbed at some point or the damage caused when the clamp actually snapped when it came into sharp contact with something like a brick wall! However, I'm sure you know what you're talking about Matt so I'll take your word that's it's unusable.

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Sold as seen? Really if you meet someone to inspect a bike as soon as money is exchanged then the bikes is sold and ill damage afterwards is the responsibility of the owner. If you would have received it in the post it may have been something slightly different, its really down to him wether he wishes to give you a good will geasture but he doesn't have to.

Edited by Simpson
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You should have checked it over really I'm afraid, you paid cash and you bought second hand stuff, it's the risk you take. There is no warrenty or guarantee unless covered by a manufacturers one.

I'd see what you can get off him, but in reality you're going to struggle.

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Sold as seen? Really if you meet someone to inspect a bike as soon as money is exchanged then the bikes is sold and ill damage afterwards is the responsibility of the owner. If you would have received it in the post it may have been something slightly different, its really down to him wether he wishes to give you a good will geasture but he doesn't have to.

You should have checked it over really I'm afraid, you paid cash and you bought second hand stuff, it's the risk you take. There is no warrenty or guarantee unless covered by a manufacturers one.

I'd see what you can get off him, but in reality you're going to struggle.

Yeah I totally see that there are two sides to this argument.

However advertising a bike as "all parts are in excellent condition" surly means that all parts should be in excellant condition!

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