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by rotor
Fri Apr 18, 2014 10:07 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7069

Re: Question on private sale of firearm refund

I personally would never sell or buy a firearm without a bill of sale. Texasguntrader has a very adequate form you can download and use. To be honest at age 71 I have never sold a gun, I only buy. I have never had a lemon or bad purchase. If the seller in this case said the only defect was a ding and he has no bill of sale that said "as is" than he is responsible if there is more than just a ding wrong with the firearm. My personal reputation is worth more than having a seller think he was cheated. I know buyer beware and all that but the advertisement said only a ding and that's the only written defect. I think the guy will win in small claims if he persues that. Maybe I am too much of a sucker but I don't want someone feeling they were cheated in a sale by me and personally I have the finances to be magnanimous.
by rotor
Thu Apr 17, 2014 11:01 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7069

Re: Question on private sale of firearm refund

AndyC wrote:Might want to make him an offer in writing that he take it to a store who has a gunsmith knowledgeable in AR15s and have it examined by them, with a report to go to both of you.

A. If it's found to be faulty, that you will do X, Y or Z (whatever you decide to offer - refund his money, have the gun repaired, etc)

B. If there's nothing materially wrong with the rifle, he has to suck it up.

Doing something like that would show your good faith in court, if it comes to that - and if the gunsmith tells him there's nothing wrong with the rifle, he has to just suck it up or, if he decides to proceed with legal action, look like an idiot in court (because you'd have the gunsmith's report too).
This of course is very reasonable. Your advertisement did claim that the only problem was a ding and if there really is more of a problem confirmed by a gunsmith then you are misleading in your ad. I have bought many guns through TGT and always use a bill of sale and "as is" means that you accept the gun as is. Your bad for not having that bill of sale. If there is a defect you should make it good.

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