I have dealt with small claims court on other things and it is easy to win, IF you are right.
Most used items are sold as is, if there is no written guarantee. He would have to prove that it was:
1. defective
2. a reasonable person would have known this and then hid it from the buyer
To prove this in court, he has to hire an expert to testify. This gets expensive. You get to cross examine the expert and make them prove that they are an expert.
One more thing is he has not given you a demand for payment that is acceptable in a Texas court of law. "I sent an email" doesn't meet the standard of service. You have to give notice by certified mail and regular mail, or have some third uninterested party serve you with the demand. The demand normally includes a reasonable time to respond. I normally give ten business days from the date of service of the demand letter.
Along with cross examining his expert even if he wins you can appeal it to county or district court. Not to mention asking for continuances.
Also, if he does sue you, file a counter suit and remember to ask for attorney's fees in your original petition. He will realize that if he loses it could get real expensive for him.
If he happens to send you a demand letter, respond with a general denial of the allegations. I would also include a level of discovery so that you can ask interrogatories prior to going to court. Make sure you send him the denial by certified and regular mail. At this point in time can he even prove the gun that he claims you sold him is the gun in his possession? You could testify that you do not recognize the weapon that is the same one you sold him. How could he prove otherwise?
You also have no proof that he did not use the weapon in a crime. Once the weapon left my possession, it is sold.
Most IMPORTANTLY now that he has threatened you with a law suit, have no further communications with him. Don't return emails. If he calls, do not talk to him. Tell him to put all correspondence in writing.
Good luck.
Search found 1 match
Return to “Question on private sale of firearm refund”
Search found 1 match
• Page 1 of 1
- by ddurkof
- Fri Apr 18, 2014 9:43 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Question on private sale of firearm refund
- Replies: 57
- Views: 7062
Search found 1 match
• Page 1 of 1
Return to “Question on private sale of firearm refund”
Jump to
- Administrative
- ↳ Site Announcements, Questions & Suggestions
- ↳ Test Area
- ↳ Technical Tips, Questions & Discussions (Computers & Internet)
- Resources & Links
- ↳ CHL Checklist
- ↳ Government resources & CHL-related links
- ↳ DPS Updates
- National Rifle Association, Texas Firearms Coalition & Good Guys United
- ↳ National Rifle Association
- ↳ Texas Firearms Coalition
- ↳ Good Guys United
- General
- ↳ General Gun, Shooting & Equipment Discussion
- ↳ General Texas CHL Discussion
- ↳ Gun and/or Self-Defense Related Political Issues
- ↳ Rifles & Shotguns
- ↳ New to CHL?
- ↳ The "Waiting Room"
- ↳ Other States
- ↳ Shooting Ranges
- ↳ Reloading Forum
- ↳ Never Again!!
- ↳ Competitive Shooting
- ↳ Hunting Photos
- ↳ Books & Videos
- ↳ Off-Topic
- ↳ Ladies
- ↳ Anti-gun propaganda and other lies!
- ↳ Second Amendment Cases
- Day-To-Day
- ↳ Holsters & Accessories
- ↳ LEO Contacts & Bloopers
- ↳ "How To" Tips
- ↳ Job Board
- ↳ Camp's Corner
- ↳ Prayer Requests & Updates
- ↳ The Crime Blotter
- ↳ Self-Defense Reports
- ↳ Training & Practice
- Instructors , Classes and Training
- ↳ LTC Class Schedules & Locations
- ↳ Basic & Advanced Training (Non-LTC)
- ↳ Past Classes
- ↳ Instructors' Corner
- ↳ General
- Market: Buy, Sell, Trade - Please check the minimum posting requirements in Forum Rule 13
- ↳ Holsters, Accessories, Reloading Equipment & Supplies
- ↳ Firearms
- ↳ FFL Holders
- ↳ Closed Items
- ↳ Commercial Vendor Bargains and Deal
- ↳ Non-Firearm related items
- Community Service Announcements
- ↳ General Announcements
- ↳ Animal Rescue
- ↳ Prior Year TexasCHLforum Days
- ↳ 2012 TexasCHLforum Day at PSC
- ↳ 2010 TexasCHLforum Day at PSC
- ↳ 2009 TexasCHLforum Day at PSC
- ↳ TexasCHLforum Day at PSC 2008
- ↳ Feedback - 2007 TexasCHLforum Day at PSC
- ↳ 2007 TexasCHLforum Day
- Legislative
- ↳ General Legislative Discussions
- ↳ 2019 Texas Legislative Session
- ↳ Governor's Abbott's "School and Firearm Safety Action Plan"
- ↳ Crimes on Campus
- ↳ Prior Session: 2005 - 2017
- ↳ 2015 Legislative Session
- ↳ 2013 Texas Legislative Session
- ↳ 2013 Calls-To-Action
- ↳ 2011 Texas Legislative Session
- ↳ 2009 Texas Legislative Session
- ↳ 2007 Texas Legislative Session
- ↳ 2005 Texas Legislative Session
- ↳ Goals for 2007
- ↳ Concealed Carry on College Campuses
- ↳ 2017 Texas Legislative Session
- ↳ 2017 Legislative Wish List
- ↳ Federal
- Elections
- ↳ Prior Year Elections
- ↳ 2012 Texas & Federal Elections
- ↳ Texas - 2008
- ↳ Federal - 2008
- ↳ 2014 Elections