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.