Originally Posted by
kbjack
And here's a copy of the email I plan on sending to the seller:
"[seller],
I think we both agree that the dent is most likely cosmetic. Where
we disagree is on the issue of your obligation to disclose significant
cosmetic problems in the description of the item. I would contend that this damage
is significant, and that it significantly affects the value of the bike.
I explicitly asked during bidding whether there were any dents, rust areas,
etc, to which you replied that there were not.
Because of this misrepresentation, I'm going to be filing a claim with paypal and,
potentially, with my credit card company, seeking compensation for the
damage.
[me]"
...
Does this sound fair?
Yes. I would drop the bit about misrepresentation. As you know, being human beings, we're able to be rather... er... dishonest with ourselves. Irregardless of if the dent was there or not. "Misrepresentation" may make the seller think you're saying he is lying, and further get his hackles up. Just say due to the damage, you'll be filing. Stick to the known facts. The bike is damaged; you'll be filing.
Ask him if he'll be paying the return shipping, should you have to return it.
I've found it's often easier to settle for a partial refund than return something as large as a bike. There is the factor of your time to take into account.