Frame purchase: Got screwed by friend's dad.... is it worth burning bridges?

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Frame purchase: Got screwed by friend's dad.... is it worth burning bridges?
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flag laurie1
Mod
Posted: Jun 30, 2009 at 14:34 Quote
When was the last time any contract/agreement between minors had standing and mootness in the court of law?
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Posted: Jun 30, 2009 at 14:35 Quote
if they have no reciet for the bike then you would have a chance
flag hamina777
Posted: Jun 30, 2009 at 14:35 Quote
laurie1 wrote:
When was the last time any contract/agreement between minors had standing and mootness in the court of law?

You are going to make an excellent mother someday.
flag Hummeroid
Posted: Jun 30, 2009 at 14:56 Quote
hamina777 wrote:
laurie1 wrote:
When was the last time any contract/agreement between minors had standing and mootness in the court of law?

You are going to make an excellent mother someday.

If anyone can deal with her antics long enough to copulate!
flag hamina777
Posted: Jun 30, 2009 at 14:57 Quote
BTW, someone just copied this except with a female antagonist... I don't know why.
flag devonvig
O+
Posted: Jun 30, 2009 at 14:57 Quote
laurie1 wrote:
When was the last time any contract/agreement between minors had standing and mootness in the court of law?

This is true. Minors can enter into enforceable contracts in Canada but are allowed to unilaterally withdraw so long as there has been no mutual exchange of consideration (benefits). Strangely, a minor can usually enforce a contract that they have with an adult but the adult will likely be unable to enforce the contract unless they have already submitted renumeration of some sort (in which case the minor usually just has to repay them.) Regardless, a minor rarely has to exactly perform their end of a contract unless the matter is determined to be "neccessary" for the well-being of the minor.on't quote me on this but I think that a similar arrangement exists in the US...

Someone posted a comment earlier saying that a legal agreement was formed initially. This would be the case if it were not formed between two minors. Since they are minors, either party can withdraw before performance. As per the individual buying the parts, that does complicate matters but still does not qualify as consideration as his sacrifice did not benefit the seller.

I understand that the primary concern here is the loss of the relationship though and I would agree that it's not really worth the trouble. Present your argument rationally and try to bring proof of your expenses. Also, I've gotta say that he'd have a hard time getting much more for that frame anyway. Stinkys depreciate faster than Pontiacs. You can get another one pretty easily.
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Posted: Jun 30, 2009 at 15:00 Quote
technically wouldnt the mothers talking mean its not a minor agreement
flag devonvig
O+
Posted: Jun 30, 2009 at 15:03 Quote
iambike4lyf wrote:
technically wouldnt the mothers talking mean its not a minor agreement

Nope. She would be considered an external party. When it comes to contract law, it doesn't matter who does the talking. It's who receives the benefits that matters. On the other hand, if the sale WAS arranged with the mother to begin with, all he would have to do is tender payment and the matter would be considered done.
flag rayruben
Posted: Jun 30, 2009 at 15:27 Quote
All the contract law talk is fine, but I doubt any of that means much cause your prolly not going to go to court on this. Your mates dad isn't a d'ck, just a guy who shelled out $1800 on something. That money isn't just dough, its a new yrabby for a busted up car that he needs to get to work, or a new driveway. I've got 2 year old, so I'm starting understand the difference between stuff I spent money on when I was young and now. I make way more money than I did just 5 years ago before I had a family, but you gain way more responsibility as time goes on. I can never imagine a day wher skating or biking isn't important to me, but we're a diff generation. Your friends dad isn't being unreasonable, but he'll prolly never understand your position cause he just won't. Have a real respectful sitdown with him and explain your intent was never to ripoff him or his son. Show him eBay ads for like items. Ask your dad to talk to him if your dad is cool like that. Definitely don't make demands or be disrespectful, contract law is all fine and good, but without a change of money or a written contract, if it goes to the cops, you are giving that frame back, for sure. Good luck. Sorry for long windedness.
flag shondo
Posted: Jun 30, 2009 at 15:31 Quote
rayruben wrote:
All the contract law talk is fine, but I doubt any of that means much cause your prolly not going to go to court on this. Your mates dad isn't a d'ck, just a guy who shelled out $1800 on something. That money isn't just dough, its a new yrabby for a busted up car that he needs to get to work, or a new driveway. I've got 2 year old, so I'm starting understand the difference between stuff I spent money on when I was young and now. I make way more money than I did just 5 years ago before I had a family, but you gain way more responsibility as time goes on. I can never imagine a day wher skating or biking isn't important to me, but we're a diff generation. Your friends dad isn't being unreasonable, but he'll prolly never understand your position cause he just won't. Have a real respectful sitdown with him and explain your intent was never to ripoff him or his son. Show him eBay ads for like items. Ask your dad to talk to him if your dad is cool like that. Definitely don't make demands or be disrespectful, contract law is all fine and good, but without a change of money or a written contract, if it goes to the cops, you are giving that frame back, for sure. Good luck. Sorry for long windedness.

A+. Good response. Good advice.
flag devonvig
O+
Posted: Jun 30, 2009 at 15:38 Quote
rayruben wrote:
All the contract law talk is fine, but I doubt any of that means much cause your prolly not going to go to court on this. Your mates dad isn't a d'ck, just a guy who shelled out $1800 on something. That money isn't just dough, its a new yrabby for a busted up car that he needs to get to work, or a new driveway. I've got 2 year old, so I'm starting understand the difference between stuff I spent money on when I was young and now. I make way more money than I did just 5 years ago before I had a family, but you gain way more responsibility as time goes on. I can never imagine a day wher skating or biking isn't important to me, but we're a diff generation. Your friends dad isn't being unreasonable, but he'll prolly never understand your position cause he just won't. Have a real respectful sitdown with him and explain your intent was never to ripoff him or his son. Show him eBay ads for like items. Ask your dad to talk to him if your dad is cool like that. Definitely don't make demands or be disrespectful, contract law is all fine and good, but without a change of money or a written contract, if it goes to the cops, you are giving that frame back, for sure. Good luck. Sorry for long windedness.

True. Older generatiosn don't seem to share the sense of disposability with regards to possessions (not that that's a bad thing...quite the opposite). I bet that in his head, the bike is still worth almost $1800.

I hate to nitpick...but from a legal perspective, if he DID attempt to pay the $300, both parties would have performed and the arrangement would have been completed. My comments were more for interest's sake. It never hurts to have an understanding of contract law as you deal with it almost every day as an adult.

That being said, good response.
flag mackdaddy55
O+
Posted: Jun 30, 2009 at 15:38 Quote
Now you know why making a deal without direct payment on the spot isn't a good idea. If were paid right now, it wouldn't be as shitty. But, you can ask the dad how much HE wants to sell it for and try and bargin with him. Like shondo said, just talk it out with him and voice concerns, and hopefully make him happy and you too. Truth is, it'd be great if you got the frame for $300, but that would still leave the dad pissed. Think about it, is paying $100 - $150 more worth having your friends dad on your side. That still puts you at a good deal, and maybe showing him that money might pursuade him all the more. Good luck man.
flag devonvig
O+
Posted: Jun 30, 2009 at 15:40 Quote
mackdaddy55 wrote:
Now you know why making a deal without direct payment on the spot isn't a good idea. If were paid right now, it wouldn't be as shitty. But, you can ask the dad how much HE wants to sell it for and try and bargin with him. Like shondo said, just talk it out with him and voice concerns, and hopefully make him happy and you too. Truth is, it'd be great if you got the frame for $300, but that would still leave the dad pissed. Think about it, is paying $100 - $150 more worth having your friends dad on your side. That still puts you at a good deal, and maybe showing him that money might pursuade him all the more. Good luck man.

That's a really good idea....so long as you value the relationship at $100. Seriously though, probably the best idea I've read so far.
flag mackdaddy55
O+
Posted: Jun 30, 2009 at 16:21 Quote
devonvig wrote:
mackdaddy55 wrote:
Now you know why making a deal without direct payment on the spot isn't a good idea. If were paid right now, it wouldn't be as shitty. But, you can ask the dad how much HE wants to sell it for and try and bargin with him. Like shondo said, just talk it out with him and voice concerns, and hopefully make him happy and you too. Truth is, it'd be great if you got the frame for $300, but that would still leave the dad pissed. Think about it, is paying $100 - $150 more worth having your friends dad on your side. That still puts you at a good deal, and maybe showing him that money might pursuade him all the more. Good luck man.

That's a really good idea....so long as you value the relationship at $100. Seriously though, probably the best idea I've read so far.


I was just thinking that if he wants you to pay more than $200 more after the so called "transaction" went down then that's a tad unreasonable.
flag hamina777
Posted: Jun 30, 2009 at 16:28 Quote
It's OK guys. My dad and stepmom didn't care at all when I told them, so I'm admitting defeat. I'm gonna try and salvage it very nicely, but if not, it's OK. I still get to ride it, it just has to stay mainly at his house.

F*ck it, I'm gonna sell the Riot and a bunch of computer stuff, work my ass off, and then build a REALLY nice bike from the frame up.

 
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