Need help sold gun that worked guy claims it doesn't

[Guest Bigryo]

Hey guys I traded a gentleman a pistol for a shotgun and the pistol fired when I owned it and he says it doesn't work am I legally responsible for trading him back or is a deal a deal and he will just need to figure out what's wrong with it. Any input is appreciated thanks in advance

[jacob]

Most used guns are sold as is...is the warranty on the gun transferable to another owner?

[Guest Bigryo]

It's a real old gun it's from the. 80s I would have never traded it had I known something was wrong it alwYs worked fine for me I just rarely ever shot it

[GlockSpock]

A deal is generally a deal. That being said, it is up to you. Are you 100% sure it functioned correctly? If so, why not talk to the guy further, find out exactly what he is doing/not doing, and see if you can troubleshoot the issue.

 

Is it "not firing" or "not reliable"? Because there is a difference. If you know they guy and can trust him, them you may want to work something out until you are both satisfied. If you have no reason to trust him, do not disregard the possibility that he did something intentional/accidental that caused the gun not to work. Maybe he is hoping to swap his "nonworking model 1358" for your "working 1358" in hopes you don't realize it isn't actually the gun you sold him.

[Guest Bigryo]

Ii tried walking him through how to strip it down and I asked what was wrong with it and he said it's not firing and I shot the gun 3 days ago and it fired so I'm thinking maybe something's up I just don't want to be held legally responsible or anything like that.

[GlockSpock]

Ii tried walking him through how to strip it down and I asked what was wrong with it and he said it's not firing and I shot the gun 3 days ago and it fired so I'm thinking maybe something's up I just don't want to be held legally responsible or anything like that.

 

I don't think you have anything to worry about. I Am Not A Layer.

 

IANAL

[Wingshooter]

I think if he accepted the deal and took your gun home, you are not responsible for legally warranting the gun. Did you complete any type of bill of sale? I think (IANAL either) it's done unless you know the guy and just want to keep the peace. Possible that it's not broken but maybe he just doesn't know how to use it. It's also possible that it broke on him right after he got it... could happen. Either way, I don't think you are legally responsible.

Or ask him why he would want a broken shotgun back, j/k Edited August 11, 2014 by Batman

[maroonandwhite]

If the guy is being polite about it and all it may not hurt to meet up with him and check it out. If he is being loud and obnoxious about it i'd be less inclined to meet back up with him. Never know what may happen. Especially with guns involved. Unless there was ever any doubt something was wrong I'd end it with troubleshooting. I know most of my guns front to back though so a problem like that would be fairly easy to debunk.

 

I had a guy call me irate about a 12 gauge pump pistol grip shotty that I sold him. Wouldn't chamber a round he said. I knew it would and trouble shooted with him for 10 minutes or so. He called me everything under the sun but I wasn't going to give him his money back. For all I know he just robbed a bank with it....... He text me later on saying "he was trying 20 gauge shells in it....my bad."

[jacob]

He text me later on saying "he was trying 20 gauge shells in it....my bad."

*facepalm

[KahrMan]

If the guy is being polite about it and all it may not hurt to meet up with him and check it out. If he is being loud and obnoxious about it i'd be less inclined to meet back up with him. Never know what may happen. Especially with guns involved. Unless there was ever any doubt something was wrong I'd end it with troubleshooting. I know most of my guns front to back though so a problem like that would be fairly easy to debunk.

 

I had a guy call me irate about a 12 gauge pump pistol grip shotty that I sold him. Wouldn't chamber a round he said. I knew it would and trouble shooted with him for 10 minutes or so. He called me everything under the sun but I wasn't going to give him his money back. For all I know he just robbed a bank with it....... He text me later on saying "he was trying 20 gauge shells in it....my bad."

 

Thats funny,  Sounds like something my dad would do.  

[runco]

Do what you think is right, and be done.  Be warned I have seen buyers remorse before, guy buys a gun, and shoots it, doesn't like it or his buddies shame him with his trade/purchase, and then he comes up with a lame excuse, it doesn't work.  My recommendation, work with the guy within reason, but that is all.

[Karnage]

My favorite part:

It's a real old gun it's from the 80s

[gregintenn]

Legally, you aren't responsible. Ethically, however, is another matter entirely. I would meet with him and see if I could figure out what was wrong with it. If he hasn't screwed it up, I would likely trade back with him if that's what would make him happy. If he is belligerent, or lies to me, he's on his own at that point.

 

 

 

Yeah......a gun from he 80's is a newer gun in my safe! :cool:

 

What kind of gun is it?

Edited August 11, 2014 by gregintenn

[vontar]

He should have shot it before trading.

 

Now it just comes down to if you 2 can work something out reasonable.

As suggested above, I hope you had the serial number wrote down just in case he is trying to swap a different gun back.

[Reservoir Dog]

It's a real old gun it's from the. 80s.....

 

I hope you are talking about the 1880s.

 

:bat: :bat: :bat:

[Dolomite_supafly]

What kind of pistol is he claiming no longer works? Was the deal done through TGO or another site? If it was done through TGO I might try to help you, if not you are on your own.

 

Also, did you guys complete a bill of sale? If not I would keep all communication you had, hopefully some of it was by text or email. I never hash out a deal over the phone until the basics are covered in some sort of written medium so there is a record. Deals made over the phone are too hard to prove or disprove. On TGO we do get involved when asked to but only if all communication is done through TGO. Too many times I have tried to mediate only to find out what one party was telling me was not true so our rule is if it isn't posted on TGO and the communications doesn't go through TGO we will not get involved even if there are texts or emails.

 

Buyers, sellers and traders do get "buyer's remorse" all the time. Any time I have had someone complain I would work with them as long as they are being reasonable but I would let them know right off the bat you are not going to trade back. And if it were me I would let them know you are not trading back through text or email that way if they try something hokey you have a record of it.

 

Legally, you are under no obligation to repair, replace or return anything to him. You do not even need to talk to him or try to resolve the problem for him. The sale of used items, as far as the law is concerned, are final unless there is a written guarantee. This is why I always recommend that both the seller and buyer meet at a range to ensure the gun works, especially expensive ones.

[No_0ne]

Caveat emptor, my friend ...

[TripleDigitRide]

I purchased a used gun, then sold it to buy something else before putting a single round through it. The person I bought it from claimed it functioned perfectly, so I had no reason to believe otherwise.

 

Shortly after selling it to a young guy, I received a nasty email. The gun did not function, and he assumed I was aware of this before selling it. 

The manufacturer quit making this gun several years ago, so the parts weren't plentiful or cheap. I searched the interwebs until I found the parts. After paying roughly $70 for the parts, I delivered them to the young man's house, installed them, and ensured the gun functioned properly.  

The $70 loss really sucked, but I felt it was the right thing to do in my situation. 

[dralarms]

Well, tdr. You are a stand up guy. It's been proven time and time again.

[DaveTN]

As everyone else has said; you are under no legal obligation.

However, you are only as good as your word. I would trade him back if that’s what he wants to do, even though you have no responsibility to do that.

If I tell someone a gun works; it works. If I tell someone I will buy something; that’s the same as money in the bank, no backing out, no if ands or buts.

I’m not required by law to do those things; I want to do them.

[R1100R]

I'm interested also what type of pistol it is?

[Omega]

The only gun trade I ever made was my Kimber .45 which was practically brand new, for a Rem 700 in .308.  It was deer season and I had lost my .270 Winchester Mod 70 rifle to a lying SOS game warden (long story) so was in the market for one when I seen his add.  After the trade I took it hunting and dropped a doe with it but the scope was way off and would not stay zeroed, not to mention that it was a "tactical" and was heavy as heck.  The kid contacted me and asked if I would mind trading back, I happily obliged, apparently his friend had talked him into thinking he was on the wrong end of the deal.  To this day I think I was on the short end and am happy to have my Kimber back, it is one nice shooting .45.  I finally made a trip to Whittaker's and came home with a Rem 700 in .308 and a Weatherby Vanguard in .270 for what of would of cost me to replace my Kimber.

 

When I have bartered for other things, I usually try and make it a good deal.  But its between the two parties and what they feel the worth of the trade is.  Once the deal is made, then its a done deal even if you find out later it was not as good as you thought it was.  Now deception is another thing entirely.  But a deal done in good faith should be honored when at all possible, if the gun was truly in good shape when you traded then so be it, but if there is any question about its condition then a redress may be in order.

[tnguy]

If you represented the gun as in working condition, I would say you were morally and probably legally responsible to put him right. In case he's just "doing it wrong", you may want to meet somewhere and run a few rounds through it to verify whether it's working or not.

 

I would never claim something was sold "as is" unless I explicitly said so and had it written on the receipt. That's just a recipe for bad blood and there's way too many people like their drama in their lives.

[Troutburger]

If it were me, I would try to make it right. Fix the gun or show him what he is doing wrong.

[JeffL]

If it were me, I would try to make it right. Fix the gun or show him what he is doing wrong.

 

I'd guess he's doing something wrong or he monkied with it.