I disagree that the OP would lose in small-claims court, rotor, and while I understand exactly the feeling of 'my good name' that you're financially able to magnanimously* maintain, I don't think the OP would be held to those standards in court. In Texas, unless a warranty is offered by the seller, and accepted by the purchaser, on used personal property, there is no expectation that a warranty is given with the sale. As long as the OP didn't KNOWINGLY defraud the purchaser, I don't think the 'good angel' on his should should complain too much.rotor wrote: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.
To the OP - I think you're correct in not offering him the refund. If you wanted to be big about it, take the advice to have it looked over by a third-party gunsmith (not the one that the buyer suggests, unless you know them to do good work), but I also don't think you're obligated to do that.
Going to small-claims court is no big deal on either side. If it DOES happen, just follow the steps to respond, don't miss a court date (else you WILL be found at fault) and be prepared to knowledgeably present your information about the AR to a layman, using layman's terms, so they'll understand what the hooha is all about.
G'luck!
* I've been waiting all week to be able to use that word! Thanks, rotor, for laying it up there for me to follow through with!
