Question on private sale of firearm refund

[jmra]

It's the buyers bad for not getting a written warranty if he wanted guarantees regarding the condition of the firearm.

I'm not disagreeing at all - we all know that.

However, while that's absolutely true, I'd sure prefer to be able to prove to a small-claims court that I made a reasonable effort to satisfy an unhappy buyer - particularly in light of his claims of "potentially hazardous flaws".

If I were confident that there was nothing wrong with the rifle, what would I have to worry about if a gunsmith inspected it? It would be no skin off my nose and would look good in court - cheap insurance, if you will.

What gets me is where the buyer said "after I started breaking it down" - what the heck was he doing?

I was disagreeing with Rotor about the seller and BOS.

[Texsquatch]

As far as I know, unless you specifically express some warranty, the purchase is as-is. Buyer beware. Now, most people are compelled to be a good guy and "make it right", but in this case I don't think you have anything to make up to the buyer. Especially since you say he had time to inspect before taking ownership.

As far as offering to take it to a gunsmith, that may sound OK, but I personally would avoid it. It would almost show a lack of confidence in your personal disclosure that you already provided. If this guy wants to go to court, let him take action and stop simply being a pest.

Sounds to me like he could have screwed something up on his own; or he has some "expert" buddy giving him bad info or telling him he could have done better; or just plain buyers remorse. I also wonder if he's a little immature?

Oh, and did I mention buyer beware?

[gigag04]

Does he even have your info to sue you?

Most deals, I take a glance at a CHL and that is it.

Here's what happened... He made an impulse buy and found a better deal or found out he overpayed. His loss.

He could've shot three people with the rifle....or swapped the components out with garbage.

[jiannichan]

Does he even have your info to sue you?


He could've shot three people with the rifle....or swapped the components out with garbage.

He only has my cell phone number, which is a company phone. Buyer only knows my first name.

I disclosed everything in the for sale ad minus the barrel nut damage he is talking about, because I didn't see any when I inspected the rifle before I posted it up. I left out any minor scratches or marks because they could have been spotted during inspection.

[rotor]

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.

[Jim Beaux]

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.

I disagree and I dont think the buyer feels he has been cheated. A barrel nut cost less than $10 and the buyer saw the rifle before he decided to buy it....clear case of either mad wife or buyer's remorse. The judge has seen many cases like this.

Also the buyer will have a difficult time tracking down the seller & it will take time and a perseverance with as little info as he has.

BTW I often wrote bill of sales on scrap paper and even on the back of a business card.

[mojo84]

Sounds to me he has buyer's remorse or momma got ticked off he spent the rent money on a gun. I like the recommendation of having a gunsmith look at it. Then you can make an informed decision about the course of action.

[WildBill]

Does he even have your info to sue you?


He could've shot three people with the rifle....or swapped the components out with garbage.

He only has my cell phone number, which is a company phone. Buyer only knows my first name.

I disclosed everything in the for sale ad minus the barrel nut damage he is talking about, because I didn't see any when I inspected the rifle before I posted it up. I left out any minor scratches or marks because they could have been spotted during inspection.

Since he has your company cell phone number, it wouldn't be that hard to track you down.
That said, I don't think he will follow through. People who threaten to sue, rarely do.
If he does the worse that could happen is you have to buy the gun back.
If he does have buyer's remorse or some other reason, he can always sell it to someone else.
For the new buyer, he can point out the "problems" with the barrel nut and the drilled barrel.

[jmra]

ETA:deleted my original post. I was very wrong.

[Pawpaw]

I could be way off base here, but I can't escape the feeling this guy had a butchered rifle and bought yours with the intent of swapping the parts around and then demanding a refund.

What raised the flag for me is his assertion, "the barrel was drilled through for the front sight post". Somebody please explain how he would know that unless he, himself removed the FSB. Who does that to check out a new (to him) weapon?

It smells like a scam.

[TBJK]

Bill of sale always. 2 copies, one for you, one for them in blue or any other color ink accept black. I wouldn't give his money back. I'd tell him you had plenty of time to inspect the weapon before money exchange hands. You didn't put a gun to his head telling him to take the firearm & give me your money. (I hope anyways). It sounds to me that he had some different furniture to put on it & Fubared the barrel nut from either not knowing what he was doing or using cheap tools to get it off. I mean who breaks the barrel nut off for what other reason than to change furniture or change the barrel? Don't know about you but I can clean my AR without taking it 100% apart.

[JSThane]

I could be way off base here, but I can't escape the feeling this guy had a butchered rifle and bought yours with the intent of swapping the parts around and then demanding a refund.

What raised the flag for me is his assertion, "the barrel was drilled through for the front sight post". Somebody please explain how he would know that unless he, himself removed the FSB. Who does that to check out a new (to him) weapon?

It smells like a scam.

It seems like someone who knows absolutely nothing about the AR platform. The gas port is located under the front sight base. I would guess that our doofus decided to "detail strip" the gun, screwed it up majorly or can't figure out how to put it back together, and is grasping at straws.

I'll bet the marks on the barrel nut are from vise-grips. I'll bet there's punch marks around the front sight base pins. If he went to the trouble of taking that off, there'll be cosmetic "tear-down" damage elsewhere too, from similar ham-fisted tear-down methods.

I'd ask for photographic evidence of the damage he's claiming. If he refuses, or the pictures show evidence of a bungled tear-down, tell him to go pound sand. If they're clear, and all you see is the gas port, politely refuse and explain the function. If it does show actual damage, it's your call.

[puma guy]

I had a guy try to return an Ambassadeur 5000 reel he said wouldn't work. He handed to me and the handle wouldn't turn, the free spool button wouldn't and the drag wheel was unmovable. I looked at the knurled three side plate screws and the notches were ground down to brass. He said he hadn't touched it. We always removed reels from their boxes to check for function so I knew he didn't receive it in that condition. I got out my little Craftsman ignition pliers and finally got the screws out and the side plate almost literally jumped off the reel. He had disassembled the reel and put the pinion gear in backwards when he put it back together. . To put it gear in backward and re-assemble it you have to use some sort of force to squeeze it enough to get the side plate screws to engage the threads. I showed him the parts schematic that comes with the reel, put the gear in correctly and reassembled it. Amazingly the reel still worked. I didn't argue with him since he accepted it back, but he had to get a parting shot off by assuring me once again he never touched the reel. Yeah! his wife must have done it! Some people should have machinery!

[nyj]

He found a better deal or couldn't afford it in the first place. He isn't taking anyone to court.