Here's A Question For You??

[Colorado Luckydog]

I traded a gun to a guy in Wisconsin. I'm going to give you a timeline on what happened and let you tell me where I stand.

Dec. 7th- he inspected the gun at his FFL and did the paperwork.
Dec. 8th- he sends me a message and said everything looks good.
Dec. 9th- he picks the gun up from his FFL.
Dec. 10th- He sends me a message saying the gun is a 6906, not a 5906. He asked me what we should do. I tell him I feel terrible about making the mistake and offer to undo the deal (Which would suck because I would have to pay all the shipping and FFL's) It was my mistake and he shouldn't be out a dime. He read my message Friday 11:00 am December 10th. I have not heard from him since

Now I know this was my fault. However, the guy had close up pictures of the gun and I even sent him the serial number to check it out. He has been a jelly wink from the start but I was still in the wrong. He has my cell number and he can message me online. It has been 7 days since his intial inspection, 5 days since he picked up the gun and 3 days since I told him I would undo the deal. At what point am I not responsible to undo the deal and pay for everything? As far as I know he has been shooting the gun for days.

Don't hold back, tell me how you really feel. Thanks for the input.

[opie011]

Well since you listed/described the firearm wrong, it's your bad! You offered the guy a refund and to undo the deal and he hasn't responded for three days. I say the inspection time is over and he owns the firearm and that you should go about your daily business.

[TFOGGER]

I'd give him 4 more days, then send a message to the effect of "You must be satisfied with our transaction, since you haven't contacted me about the return. It's been great doing business with you!" If he squawks after that, then maybe he can pony up some of the return shipping, return FFL fees, etc.

[Elhuero]

he inspected the gun on 12/7 and said everything was fine.

send him a message that says if you don't hear from him by friday (12/17, one week after he told you it was the wrong gun) that you will consider the matter closed and will no longer pay to reverse the trade.

after that date if he is still adamant about reversing the trade he can send the gun back at his own expense, but after 1/1/2011 you will consider the trade finalized and accepted by him and if he is still upset he can go dig wiener size gopher holes in a golf course sand trap of his choosing.

[bowhunter]

If he inspected it, picked it up and took it home that is his bad. Now you were a good guy and offered to unwind the deal and he has not responded. Like you said he has probably been out shooting it or robbing liquor stores who knows. I would say you are good? If he would have imediately let you know the problem and asked for a refund thats a different story.

If you go to the gun store and ask for a middy and they hand you a carbine by accident to look at. You take it home and shoot it and then your buddy says hey dumbass thats not a middy do you think the gunstore would let you exchange it?

[970TJ]

I would say its his. And good on you for being a stand up guy!

[BPTactical]

Was there any statement on your behalf as far as an inspection period? If so then abide by it.
Otherwise I would say it is buyers remorse on his part and a done deal.
You provided the SN and pics of the item. This tells me you presented the item in good faith. It is the buyers responsibility to ensure what they are buying. Granted you may have made a mis-statement as far as the model number but again it is the buyers responsibility to affirm what he is buying. It was not done willfully and the buyer had plenty of time to affirm the model.
The receiving FFL should have verified the model as well.
The buyer inspected and accepted the firearm from his FFL. That was the time to discover the discrepancy and contact you to undo the deal. Once he accepted and took physical possession of the firearm it is his problem, not yours.
There is no Right of Recision on a transaction as this.
You have laid out a reasonable timeframe for him to contact you. You have been above and beyond as far as your offer to rescind the deal.
You have acted in good faith.
Your obligation to this transaction is done.
Given the amount of time he has had possession of the firearm there is no way in hell I would undo it. Now had he or the FFL discovered the discrepancy before he took possession then by all means undo the deal.

He now knows the meaning of "Caveat Emptor"

[Bowtie]

I dont know what the diffrence is between the two pistols but thay are selling for about the same price on gunbroker. He probably figured it wasnt worth the hassle of shipping and dealing with FFL's. Chock it up to a lessoned learned. You let him know you would fix it, he didnt respond, so I would just let it go.

[Colorado Luckydog]

Was there any statement on your behalf as far as an inspection period?

There was never an agreed inspection period.

There was a trade and cash involved. That's what really sucks. I would have to pay for his intial shipping, his FFL charges, shipping of the gun back, my FFL charges and shipping of his trade back. It would suck but I was willing to do it. I'm not so sure I'm willing to at this point. I really do appreciate all of your input.

[BPTactical]

There was never an agreed inspection period.
.

Then the transaction is complete.
He "inspected" it at his FFL.
He sent a mail that everything looked good.
He took possession of the firearm.

Transaction is complete.


Sleep well.