Been awhile, got an ethics question

[svoloch]

So pimp, while we are bullshitting here, what have you been up to?

[WonderBoy]

Having sold 2 bikes to members of this forum myself, here's a situation I was in that I rectified.  Hope this example helps.

I sold my '99 996 to El Matador, on this forum(not sure what he's goin by now, but at the time he was El Matador).  I sold him the bike on the implication that he would be getting 2 sets of body work...1 set that was scratched up and would be good for track days (I scratched it up on a lowside at a track day), and another set that was an unpainted, complete set of bodywork.  I put the unpainted bodywork on the bike, and was going to ship the other bodywork.  El Matador reversed that the day he bought the bike, and put the scratched up bodywork on the bike, and had me ship him the unpainted set.  Later on in the day, he calls me and says that while on his way to Dallas, the bodywork that he put on the bike ripped off.  Now, I didn't know what kind of condition the bodywork was in; all I said was that I would guarantee that he was getting 2 sets of bodywork.  However, since that was a condition of the sale, at my own expense, I bought a completely new set of bodywork so that he would have 2, as agreed upon.

What's my point?  You say that the guy told you that the bike would "run like a top", as you put it.  That is an implied warranty, albeit a verbal one, which is hard to uphold in a court case, but still an implied warranty nonetheless.  Based upon the information that you have provided, the seller is in breach of your contract, because the bike is not in working condition, which was the main condition of the sale.  You have every right to ask for your money back, and while the seller could choose to deduct monies from your original sale price as compensation for money spent on parts at his expense, he *could* be held liable for whatever money he owes you minus money for parts, if he chooses to take money out of it for that.

[GeorgeInDallas]

Allow me to put myself in your position and take an inventory of my contribution to the problem:

1)  I had expectations that a 40 year-old bike would be restored to practically new condition and sold to me for not much money because, well, I'm a friend.
2)  I gave someone half the sale price (instead of a $100 deposit) when it didn't run & still needed parts.
3)  When it was delivered, I never even took it for a test ride, as I would have in any other purchase.
4)  Before I test-rode the bike, I paid for a lot of labor and parts that should have been in the "working condition" price.
5)  The bike is still 40 years old.
6)  I tried to get by on the cheap 'cuz it was "just a little bike for the wife."
7)  Even though my friend has always failed to fix the bike correctly & completely, I keep taking it back to him instead of taking it to a dealer or someone who makes a living doing this kind of work for a living.
  After I have done all of the above, I now expect my friend to make a "Neiman-Marcus" refund because it would mean that I have no responsibility for anything.

This is how I learn things, but YRMV.

George

[rgramjet]

What does "Run like a top" really mean?  Ya start the top, it goes for about 30 seconds and then just sits there.  I think your bike runs like a top!

 

Sorry man, Ive eaten all kinds of costs in the name of friendship.....more than once with a couple......shame on me. 

I now have a policy.  I dont work for close friends and/or neighbors.  If they need something, Ill do it as a favor.  There may be a day, and that day may never come where I may need a favor in return.

All it takes is one slight miscommunication or assumed expectation and it all goes to shit. 

Sucks no matter which way you look at it.....

How much was the bike btw?

[muskrat]

it has been my experience that money and friendship rarely have a happy outcome.  there are only three people, friends, I would ever lend money to and I know they'd do the same for me.  it's a tough position you're in but I have to believe that a bike that old will have gremlins of some kind.  hopefully, he rights the situation.

[Samsonite]

Allow me to put myself in your position and take an inventory of my contribution to the problem:

1)  I had expectations that a 40 year-old bike would be restored to practically new condition and sold to me for not much money because, well, I'm a friend.
2)  I gave someone half the sale price (instead of a $100 deposit) when it didn't run & still needed parts.
3)  When it was delivered, I never even took it for a test ride, as I would have in any other purchase.
4)  Before I test-rode the bike, I paid for a lot of labor and parts that should have been in the "working condition" price.
5)  The bike is still 40 years old.
6)  I tried to get by on the cheap 'cuz it was "just a little bike for the wife."
7)  Even though my friend has always failed to fix the bike correctly & completely, I keep taking it back to him instead of taking it to a dealer or someone who makes a living doing this kind of work for a living.
  After I have done all of the above, I now expect my friend to make a "Neiman-Marcus" refund because it would mean that I have no responsibility for anything.

This is how I learn things, but YRMV.

George

that is how i read it too....

[svoloch]

I think that the very concept of the "lemon law" in many states is targeted to prevent this type of situation.  So I respectfully disagree with those not smart enough to agree with me that a pimp ought to get his money back 

What's the update, Pimp?  Clearly, we miss you since we can't let this thread die...  Where's the update?