Legally, unless it was specifically sold as is, dude01 should take the product back. If you really want the money, file a claim in small claims court. Article 2 of the UCC is on your side.

 

I am in no way advocating for selling junk. But that doesn't sound right at all.

If someone buys an item that they know is used and also sees a picture of it where the damage is visible as they stated, they get what they buy. Like the old saying goes, "let the buyer beware".

 

By specifically stating that it was in "perfect" condition only with a faded signature, he created an Expressed Warranty that a court would attempt to read in tandem with any implied warranties. I also suspect that the seller represented it would be usable as a valve cover (although I have not read through their transaction). Further, the pictures do not show the damaged area and the other flaws are not easy to notice. Whether there are any implied warranties that would give broader rights to the buyer depends on how often Dude01 sells goods of this kind.

For caveat emptor to apply, the item must be expressly sold "as is," thus disclaiming the expressed warranty that the description creates.

Additionally, there may be a claim for Negligent/Fraudulent Misrepresentation. If the buyer really feels wronged and is close enough, a small claims court can decide.

 

Yeah, I'm in law school, it would be very easy to just file a claim in small claims court and make dude01 drive down from VA to defend a $250 claim, but I'd rather not be a d*** about it. Plus, the court costs alone almost make it a negligible benefit when I get a judgment, anyway.

 

One mans "perfect" is another man's "shitty"

 

Surely, any reasonable definition of "perfect" doesn't encompass a product that won't work for its intended use. I'd be willing to argue that one any day.

You have to admit, its a little fishy that the guy has photo's from every angle except where the major dent is located (the one that makes the product unusable). In my opinion, as a seller, you take a chance when you let someone else get your goods ready for shipment and ultimately, you are responsible for getting that product to its buyer in the condition that you promised. If the shop messed up here, the seller has beef with them, but its not the buyers fault. From what I can tell, buyer immediately complained of the unusable condition... I see no reason to disbelieve him.

 

Well, a state other than Virginia would be unlikely to have jurisdiction over the matter. It wouldn't be about money so much as proving the point. Go to Judge Judy and both get paid

 

Maybe he meant "perfect piece of crap"

 

Why I can sell two bikes? Cause I pay my fees and I can. The sub was already returned to Hoa where I initially picked it up. Haven't talk to him since.

Nice joke asshole. I hope you can back up your statement in real life.

 

What? That you're short? You said it, not me.

Besides, I'm a lover.