Legal Question in Civil Litigation in Massachusetts
Private Bicycle Sale
My son (18yrs old) sold a used high end downhill bike for $1,550 to another person. Since we live quite far from the buyer, we met him half way at a public location. He looked over the bike quite a bit, took it for a brief ride around, asked questions and talked nearly non-stop about all his experience, etc. The buyer is at least 31 yrs old per race records. After the sale, he called my son and complained a frame weld was cracked on one spot and wants a refund. We cleaned the bike quite a bit the night before selling it and also took some pictures. We don't think there were any cracks when sold. The buyer has contacted my son again indicating there's another crack/broken weld which our pictures don't show. At the time of sale, he didn't bring enough money and probably foolishly on our part, we allowed him to pay $450 of the sale amount by check which he cancelled the next day. Now knowing who the buyer is, I have checked in to his background via the internet and checking with others in the NE downhill racing circuit only to find his buying/selling history is not perfect. Are we obligated to refund based on his aligation, even though we are sure the bike was not broken? Can we file a small claim for the $450?
1 Answer from Attorneys
Re: Private Bicycle Sale
Probably not, although the answer depends (among other things) on the words you used to market the bike for sale to this person and, as you note, whether the cracks were preexisting or occurred after the sale.
Generally, a private sale does not also include any implied warranties (like would apply if you were a retail bike seller). But if you/son gave the buyer some express warranty, the terms of it would likely apply.
Also, if you knew or should have known of the cracks and failed to disclose them to the buyer in advance of the sale, you could also be liable for misrepresenting the condition of the bike or failing to disclose any material defects.
But if you gave no express warranty, and truly believe the cracks occurred afterwards, then probably the buyer has no claim against you/son for return of the purchase price. This does NOT mean he won't sue; he may, likely in small claims. The result would probably depend upon whose side the person hearing the case believed. Your pictures (and his history, if relevant to the claim) would help you here.
Perhaps b/c the buyer did not pay the full price anyway, you want to get the bike back and return the amounts he did pay to avoid a possible suit. But if the buyer caused the cracks, you might simply tell the buyer your pix do not show any cracks prior to purchase, and therefore you do not feel compelled to return any of his payment. The buyer might be less inclined to bring a claim against you in these circumstances (esp if he knows HE caused the cracks), where he has already shorted you $450 of the agreed purchase price. You could sue him for payment of the full price, but you'd be inviting his suit back against you.
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