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question about selling

44mutley44mutley Member Posts: 108 ✭✭
edited October 2012 in Ask the Experts
not here but guy out of state bought a rifle from me,sent him pics and all, he agreed to buy it, shipped it to his ffl, he gets it and says everything is good, 2 weeks later contacts me and says he wants his money back, says the gun won't hold a group, always shot good for me, i think he just changed his mind about the gun, legally do i have to take the gun back

Comments

  • llamallama Member Posts: 2,637 ✭✭
    edited November -1
    If you already have his money, nothing - he can sell it just like you did.

    If you really do want to take it back, then he has to ship it to a FFL in your state who will then 4473, etc. and give it back to you.
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    Legally you need do nothing. If you want to take it back then that is your own business but you are in no way bound to honor his request for a refund.
  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    Sounds like buyers remorse or his wife found out about it. Either way its his problem.
  • NOAHNOAH Member Posts: 9,690
    edited November -1
    he pays shipping to you and you charge 20% restocking fee + fee from FLL log in.
    let him know that is the only way it can be done.
    send him back 75% of purchase price.
  • competentonecompetentone Member Posts: 4,698 ✭✭✭
    edited November -1
    quote:Originally posted by 44mutley
    not here but guy out of state bought a rifle from me,sent him pics and all, he agreed to buy it, shipped it to his ffl, he gets it and says everything is good, 2 weeks later contacts me and says he wants his money back, says the gun won't hold a group, always shot good for me, i think he just changed his mind about the gun, legally do i have to take the gun back


    Legal questions should be asked to and answered by a lawyer.

    That said, generally, casual sales by private parties are considers "as is" sales. If you are a business, you probably should state upfront that all sales are either "as is" or your warranty/return policies since there may be state consumer laws that can force you into accepting "returns" if a customer is not satisfied with his purchase. Even as a private party, it's a good idea to state what your return policy, if any, is when you sell an item since statements you make during a transaction could be interpreted as you making some sort a guarantee.

    In your situation, sales between parties in two different state would be more complex. Most likely, the laws of your state (as the seller) would be applied. If he tried to pursue legal action against you trying to force a "return," he'd probably have to come to your jurisdiction to start it.

    Specific to an item like a firearm: the idea of one "not holding a group" can be pretty subjective. There are other variables -- from the shooter to the ammunition -- that could be a factor. He'd have a pretty difficult time even proving the rifle was "defective" in some way.

    All in all, I'd say you're probably pretty safe that he has no recourse in trying to reverse the transaction. I'd say ethically too -- particularly if you are not a business and this is just a casual sale -- you really have no obligation to accept a return.
  • bpostbpost Member Posts: 32,664 ✭✭✭✭
    edited November -1
    quote:Originally posted by Laredo Lefty
    Sounds like buyers remorse or his wife found out about it. Either way its his problem.


    Agreed.

    He might just be a bad shot, using garbage ammo and not able to hit a bull in the butt with a shovel.

    It is now his gun, ignore his blatherings.
  • gary wraygary wray Member Posts: 4,663
    edited November -1
    Absurd. Waited two weeks to tell you? If it was me and the guy called me within a day or two and gave me his story I might, might I say, take it back if he had a good reason....and his reason is not good if the gun shot gun for you...heck, maybe he can't shoot? Who knows...but two weeks....no way. "As is" and "let the buyer beware" come to mind. Let him sell it and buy what he wants...it probably won't shoot good either[:)]
  • charliemeyer007charliemeyer007 Member Posts: 6,579 ✭✭✭
    edited November -1
    +1 for it's his now. Had he taken it out and tried it within a day or so and found it to be lacking then maybe. I think that in two weeks I could shoot out the best part of bbl life if I wanted. Besides who knows what Bubba did to the rifle or how and with what he cleaned it.
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