Hello,
As the title suggests, there is a transaction that hasn't gone according to expectations and before disclosing the name of the other party, I'd like to get a general feeling for the community's reaction. NOTE: this is my first purchase from another member on this forum and in my experience over the last 10 years of owning a Ducati, the community and fellow riders have been upstanding, professional and honorable people. There is a level of confidence along with trust and good will I have towards the Ducati community and I will defer my thoughts to the collective group. Also, if you know the Seller, could you please not disclose that on this thread. Thanks for your time.
SITUATION:
User was selling fairings and the picture of the fairings was when they were on the motorcycle. The fairings are for a 2020 V4 and the picture included winglets and a windshield. There was no mention of damage, repairs or visible cosmetic issues on any of the parts. The photos taken of the parts did not include the area where the damage and repaired area was, which is also where the cosmetic issue is. Other part purchased in a previous transaction was a Ducabike triple tree.
ISSUE:
When the fairings were received, there was damage on three (3) fairings. It looks like some of the damage could have come from the bubble wrapping sliding off the part and the painted surface came in contact with the other fairing mounting point (metal), and the other damage was from a shoddy repair job; this part, "the tail" also has a broken tab. The fairings did not include everything pictured, the winglets and windscreen. Seller said those don't come with it so I purchased some winglets ($250) and a windshield ($160) separately. On top of this, when I sent the triple tree back (he sent the V2 version rather than V4), Seller refused to refund my money.
HOW DID THIS HAPPEN:
When negotiating the price, I asked the Seller, "Yes, still looing for everything we discussed above. Can you do $2,500 shipped? I'll mail the triple tree tomorrow and you can credit me the $200 once you get it or I can take it off the $2,500...what ever you're comfortable with." Sellers response was "I could do $2,600 and take the $200 off with you sending back the triple". see picture of text below. There was no other mention on the terms and I Venmo'd the $2,600 immediately. We now have a contract (Offer, Acceptance, Consideration). Once Seller shipped the fairings, Seller sent me a note saying shipping was $200, fully insured. I later learned this implied that I was paying for the shipping.
QUESTION FOR YOU:
1) Should I have noticed part of the tail fairing in the photos was not visible and should I have known to ask the Seller if there was damage in that area, or was this deceptive on the Sellers part?
2) Should I have assumed the winglets and windscreen were not included in the sale or did the Seller have a duty to disclose that items pictured were not included?
3) Should I have assumed, when Seller responded to my offer price including shipping, and his response didn't confirm or deny shipping was included, that that meant shipping was excluded or did the Seller have the duty to communicate a change in terms?
4) What would you do in my situation?
PICTURES:
First three (3) were sent by the Seller which do not show the lower right portion of the tail. 4th photo is representative of the fairings, 5th the damage/poor repair on the tail and 6th, text concerning the terms of our agreement.
As the title suggests, there is a transaction that hasn't gone according to expectations and before disclosing the name of the other party, I'd like to get a general feeling for the community's reaction. NOTE: this is my first purchase from another member on this forum and in my experience over the last 10 years of owning a Ducati, the community and fellow riders have been upstanding, professional and honorable people. There is a level of confidence along with trust and good will I have towards the Ducati community and I will defer my thoughts to the collective group. Also, if you know the Seller, could you please not disclose that on this thread. Thanks for your time.
SITUATION:
User was selling fairings and the picture of the fairings was when they were on the motorcycle. The fairings are for a 2020 V4 and the picture included winglets and a windshield. There was no mention of damage, repairs or visible cosmetic issues on any of the parts. The photos taken of the parts did not include the area where the damage and repaired area was, which is also where the cosmetic issue is. Other part purchased in a previous transaction was a Ducabike triple tree.
ISSUE:
When the fairings were received, there was damage on three (3) fairings. It looks like some of the damage could have come from the bubble wrapping sliding off the part and the painted surface came in contact with the other fairing mounting point (metal), and the other damage was from a shoddy repair job; this part, "the tail" also has a broken tab. The fairings did not include everything pictured, the winglets and windscreen. Seller said those don't come with it so I purchased some winglets ($250) and a windshield ($160) separately. On top of this, when I sent the triple tree back (he sent the V2 version rather than V4), Seller refused to refund my money.
HOW DID THIS HAPPEN:
When negotiating the price, I asked the Seller, "Yes, still looing for everything we discussed above. Can you do $2,500 shipped? I'll mail the triple tree tomorrow and you can credit me the $200 once you get it or I can take it off the $2,500...what ever you're comfortable with." Sellers response was "I could do $2,600 and take the $200 off with you sending back the triple". see picture of text below. There was no other mention on the terms and I Venmo'd the $2,600 immediately. We now have a contract (Offer, Acceptance, Consideration). Once Seller shipped the fairings, Seller sent me a note saying shipping was $200, fully insured. I later learned this implied that I was paying for the shipping.
QUESTION FOR YOU:
1) Should I have noticed part of the tail fairing in the photos was not visible and should I have known to ask the Seller if there was damage in that area, or was this deceptive on the Sellers part?
2) Should I have assumed the winglets and windscreen were not included in the sale or did the Seller have a duty to disclose that items pictured were not included?
3) Should I have assumed, when Seller responded to my offer price including shipping, and his response didn't confirm or deny shipping was included, that that meant shipping was excluded or did the Seller have the duty to communicate a change in terms?
4) What would you do in my situation?
PICTURES:
First three (3) were sent by the Seller which do not show the lower right portion of the tail. 4th photo is representative of the fairings, 5th the damage/poor repair on the tail and 6th, text concerning the terms of our agreement.
