In the automotive world, having been informed by an expert that a vehicle had been involved in a collision, then attempting to hide that information from a potential buyer constitutes fraud. Failure to disclose problems with a house that is for sale also constitutes fraud. I don't see why it would be any different for a bicycle.
It sure looks to me like a case of attempt to perpetrate fraud, as the seller must know that a damaged frame is worth significantly less than an undamaged one.
Steve Barner, not a lawyer, but not buying any bent Masis either, Bolton, Vermont
> Date: Mon, 6 Sep 2004 20:23:19 GMT
> From: "richardsachs@juno.com" <richardsachs@juno.com>
> To: classicrendezvous@bikelist.org
> Cc: petervb@compassnewmedia.com
> Cc: OROBOYZ@aol.com
> Subject: Re: [CR]Should we take up a pool? Original run Carlsbad Masi on
>
>
> listees...
> i am replying to this again (see mailbottom).
> somehow the ebay seller got news that i posted an opinion on a private
forum re his ebay item and that opinion has tarnished his sale. just so that
he is happy, let me retract one comment:
> once i decided that this frame had tubes that showed evidence of being
damaged in the form of wrinkles on the top and down tubes, it wasn't that i
DECLINED to buy it for that reason - i offered to buy it for less than the
price the seller was asking. he sent me the frame via fedex on his dime and
i sent it back to him via fedex on my dime.
> at this point, an email from him to me )cc-ed to dale) proves that he is
upset about this and rightfully so. but (BUT!) i did state my position to
him re the status of this frame upon its return and he was aware that i
inspected it with the opportunity to buy it. based on my inspection i
decided it was not worth it because of the irregularities on the tube
surfaces.
> as i inferred, i would never do thia in public, and i hoped that this
private by-subscription-only forum was an okay place to share an opinion,
since i've been here since 1999. well - i am sorry i warned anybody cuz now
i got some guy on the west coast disagreeing with me and he's upaet too.
> e-RICHIE
> chester, ct
> cc to seller