Search found 4 matches

by cb1000rider
Mon May 05, 2014 1:58 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7118

Re: Question on private sale of firearm refund

WildBill wrote: A photo or video can not testify. You can't cross examine a photo or video.

You can testify using a photo. You can be cross examined.
by cb1000rider
Thu May 01, 2014 4:28 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7118

Re: Question on private sale of firearm refund

Keith B wrote: You thnk they will let him bring a gun into the court? Probably not.
I wouldn't think so either, depending on level of disassembly. Photos / Videos work too. Hiring an expert witness is not necessary. Getting a receipt from a gun smith might work.
by cb1000rider
Thu May 01, 2014 3:43 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7118

Re: Question on private sale of firearm refund

ddurkof wrote: 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..

He doesn't have to have an expert anything. It's small claims. He can simply show the court. If a reasonable person can determine that something was stripped or missing then likely that is all that is necessary.
by cb1000rider
Thu May 01, 2014 3:38 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7118

Re: Question on private sale of firearm refund

jmra wrote: It's on the buyer to know what he is buying.
It's also on the seller to accurately describe what he's selling. If there are deficiencies or problems and the seller knowingly or unknowingly (in the OPs case) omits something, then that's where problems occur.

It's not reasonable for the buyer to field strip the AR on-site or be able to spot all of the potential damage, nor would you want your buyer to strip something you are selling. As such, there is some middle ground - and different people have different standards of "good condition".

There are a couple possibilities here:
1) The gun had some minor issues, as indicated and the OP didn't recognize them.
2) The buyer doesn't know that much about ARs and has some confusion.
3) The buyer actually damaged the gun.

Maybe some combination.

Personally, I've got a policy that applies to anything and everything I sell: If you don't like it, bring it back in a reasonable amount of time. If it's brought back in the same condition, I'll give you a full refund. It doesn't matter why you bring it back. I do this for two reasons:
1) This is the way that I want to be treated, so I treat others that way.
2) It's never worth my reputation to have a dispute over a sale if the item is returned in the same condition that it was sold.

I get very very few items back. Sometimes just telling them that you're happy to take it back resolves the issue. I will admit that once I sold something that didn't arrive in the condition that I advertised it in and I paid that person pack, covered return shipping, and added some for his time/trouble.

I've had people buy things from me years later - at random - when they recognize who it is, things get a lot easier.

OP, if the roles were reversed what would you want? My policy is apparently different than yours... And I'd stand firm with you if the firearm was damaged in any way by the purchaser, but if not - and in the same condition that it was sold in... I understand buyer beware, but I know that I've got higher standards than that.

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