Where do I stand here?

[speccy1]

Hi guys, I do apologise if this isn`t in the right place, I wasn`t sure where to put it.

I recently bought a fixed/single speed from another guy through a cycling forum (not here I might add) for the sum of £300, it was a genesis steel frame. Anyhow, after getting it home I put it to one side for a couple of weeks, then decided to give it a try. On leaving the house it was evident that the seat was way too high, so I set about lowering it, it was then I noticed that the seat post was welded, and seriously welded to the frame, so therefore the bike is useless to me. I contacted the seller who only stated the obvious such as wd40 etc etc etc.

I then spent a whole day trying the free the seat post with no success and I have since contacted him again asking where I go from here, but no reply, he`s read my message but not answered. Anybody know whether I have a leg to stand on here, such as small claims court etc etc, as I have bought something believing it to be in good working order but I have clearly been "done" and ripped off??

This is a serious let down, as I thought we were all here for the common interest, but yet the con merchants are still at it

 

[PeteXXX]

Caveat emptor.......

 

[User6179]

Buyer Beware

 

[fossyant]

If it's just seized then you can get them free. As it's second hand he may not have known it was seized. Plus gas is one option.

 

[slowmotion]

I'm not a lawyer, but I would have thought a lot depends on how the vendor described the bike. If he said "in good condition", I think you have a legal case against him.

 

[Smurfy]

Did you inspect before buying?

You say 'welded' I assume you mean seized. There are a lot of ways of removing seized aluminium posts from steel frames. It may not be as bad as you think.

 

[speccy1]

I'm not a lawyer, but I would have thought a lot depends on how the vendor described the bike. If he said "in good condition", I think you have a legal case against him.

It was described as "immaculate" condition

 

[mattobrien]

Is your LBS able to help?

Caveat emptor as has been said and getting it fixed is better than chasing the vendor. The cost in stress and time may be higher than acceptable if you pursue a legal route. Sometimes pragmatism is the best option.

 

[speccy1]

Did you inspect before buying?

You say 'welded' I assume you mean seized. There are a lot of ways of removing seized aluminium posts from steel frames. It may not be as bad as you think.

It`s a carbon seat post and a steel frame

 

[speccy1]

Is your LBS able to help?

Caveat emptor as has been said and getting it fixed is better than chasing the vendor. The cost in stress and time may be higher than acceptable if you pursue a legal route. Sometimes pragmatism is the best option.

Don`t know, I need to investigate that route

 

[User33236]

The sale of good act applies to both new and second hand goods. However if you’re buying from an individual – which constitutes a private sale – the rules are slightly different. For example, the so-called ‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller.

For example if an item is advertised as “a three-year-old bike” it doesn’t mean it has to work, just that it has to be three years old. In this case, especially when the item has been well-used, the transaction remains a case of caveat emptor, or ‘buyer beware’.

 

[Risex4]

When buying privately, your rights are severely restricted.

There's no provision for 'merchantable quality' or 'fit for purpose' under private sales, you're more or less limited to "as described". Just because the seller didn't mention the welded (or what have you) seat post, doesn't actually make them liable, unless they specifically advertised it as "fully adjustable seat post" or something. If it was advertised as a "bike, red, two wheels; £30", then as long as its a red bike with two wheels, you've really got little come back unfortunately regardless of condition, deficiencies of anything else.

 

[biggs682]

@speccy1 how did you pay them ?

has he not offered any help or ???

poor show either way

 

[speccy1]

I thought cyclists were decent people, not keen on ripping each other off, just shows how wrong I was, and all he had to do was answer back with a reply stating one way or the other, that would have been fine. As he`s read my polite email and ignored it, I can only assume a guilty conscience. Does decency not come in to this anywhere??

 

[speccy1]

@speccy1 how did you pay them ?

has he not offered any help or ???

poor show either way

I paid him cash, since i asked him if he would be prepared to help me he has totally blanked me.....