When you sell (or buy) a rifle in good faith

When you sell (or buy) a rifle in good faith

Joined: October 4th, 2008, 7:02 am

August 17th, 2012, 7:36 am #1


I sold a BSA Hornet with the following ad: "BSA Hornet .22 multishot, fitted with factory non-removable sound moderator, and Swift 6.5-20 x 44 scope with sunshade INCLUDED. Purchased from (large air gun distributor). These are very hard to come by, especially in this condition. Small mark above trigger and front of grip, left side. Scope and mounts included. Includes fill probe."

I got the following response from the buyer: "I finally had a chance to unbox the gun and shoot it over the chronograph with jsb's 15.9 exact pellets and ran 4 magazines full of pellets thru the gun. Come to find three problems with the gun: the regulator is bad, the magazine is defective, and the latch that holds the magazine in place is bent to where you need a tool to release the magazine out of the gun when you want to refill the magazine. I would either like a full refund or pay for the repairs at... (large air gun distributor)."

I purchased the gun from a large air gun distributor in the U.S., but never shot it. Therefore, I had no knowledge of any problems with the gun. The distributor said: "The Rifle is no longer under warranty but we will be more than happy to see if we can fix the problem. We are no longer the BSA repair center". The buyer is a stand-up guy.

What are my responsibilities here?
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Joined: March 2nd, 2008, 2:29 pm

August 17th, 2012, 7:44 am #2

In that "you didn't know" is not a defendable position to argue from legally , that position needed to be disclosed and sold "as is"
Not a lawyer , just my 2 cents.
Jerry
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Joined: August 22nd, 2001, 3:27 pm

August 17th, 2012, 12:23 pm #3

I sold a BSA Hornet with the following ad: "BSA Hornet .22 multishot, fitted with factory non-removable sound moderator, and Swift 6.5-20 x 44 scope with sunshade INCLUDED. Purchased from (large air gun distributor). These are very hard to come by, especially in this condition. Small mark above trigger and front of grip, left side. Scope and mounts included. Includes fill probe."

I got the following response from the buyer: "I finally had a chance to unbox the gun and shoot it over the chronograph with jsb's 15.9 exact pellets and ran 4 magazines full of pellets thru the gun. Come to find three problems with the gun: the regulator is bad, the magazine is defective, and the latch that holds the magazine in place is bent to where you need a tool to release the magazine out of the gun when you want to refill the magazine. I would either like a full refund or pay for the repairs at... (large air gun distributor)."

I purchased the gun from a large air gun distributor in the U.S., but never shot it. Therefore, I had no knowledge of any problems with the gun. The distributor said: "The Rifle is no longer under warranty but we will be more than happy to see if we can fix the problem. We are no longer the BSA repair center". The buyer is a stand-up guy.

What are my responsibilities here?
the rest of the gun is defect free.
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Joined: July 2nd, 2001, 12:16 pm

August 17th, 2012, 12:52 pm #4

I sold a BSA Hornet with the following ad: "BSA Hornet .22 multishot, fitted with factory non-removable sound moderator, and Swift 6.5-20 x 44 scope with sunshade INCLUDED. Purchased from (large air gun distributor). These are very hard to come by, especially in this condition. Small mark above trigger and front of grip, left side. Scope and mounts included. Includes fill probe."

I got the following response from the buyer: "I finally had a chance to unbox the gun and shoot it over the chronograph with jsb's 15.9 exact pellets and ran 4 magazines full of pellets thru the gun. Come to find three problems with the gun: the regulator is bad, the magazine is defective, and the latch that holds the magazine in place is bent to where you need a tool to release the magazine out of the gun when you want to refill the magazine. I would either like a full refund or pay for the repairs at... (large air gun distributor)."

I purchased the gun from a large air gun distributor in the U.S., but never shot it. Therefore, I had no knowledge of any problems with the gun. The distributor said: "The Rifle is no longer under warranty but we will be more than happy to see if we can fix the problem. We are no longer the BSA repair center". The buyer is a stand-up guy.

What are my responsibilities here?
Either buy the gun back or pay for repairs.

If you sold it as a fully functional gun, you are responsible for verifying that it is fully functional even if you never shot it. Its seems weak, but a simple "never shot, sold as is" would have saved you the hassle. Of course you may not have gotten the price you wanted.

Personally I would buy the gun back. Check the problems he mentions. If they exist refund all the payment. If they do NOT exist, refund the payment but not the shipping costs. You will have to verify that the buyer did not accidentally damage the gun while using it. Look for other marks.

By buying it back, however, you now have a faulty gun to re-sell. It may be less expensive in the long run to send the buyer money for repairs. You only pay for the first repair. If the repair does not work, the buyer has to fight it out with the service department. HE is their customer, not you. Don't get involved in the repair process other than sending the buyer a partial refund.

Good luck.
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Joined: March 9th, 2008, 4:40 pm

August 17th, 2012, 12:55 pm #5

I sold a BSA Hornet with the following ad: "BSA Hornet .22 multishot, fitted with factory non-removable sound moderator, and Swift 6.5-20 x 44 scope with sunshade INCLUDED. Purchased from (large air gun distributor). These are very hard to come by, especially in this condition. Small mark above trigger and front of grip, left side. Scope and mounts included. Includes fill probe."

I got the following response from the buyer: "I finally had a chance to unbox the gun and shoot it over the chronograph with jsb's 15.9 exact pellets and ran 4 magazines full of pellets thru the gun. Come to find three problems with the gun: the regulator is bad, the magazine is defective, and the latch that holds the magazine in place is bent to where you need a tool to release the magazine out of the gun when you want to refill the magazine. I would either like a full refund or pay for the repairs at... (large air gun distributor)."

I purchased the gun from a large air gun distributor in the U.S., but never shot it. Therefore, I had no knowledge of any problems with the gun. The distributor said: "The Rifle is no longer under warranty but we will be more than happy to see if we can fix the problem. We are no longer the BSA repair center". The buyer is a stand-up guy.

What are my responsibilities here?
And you should be a "Stand-up seller"
In my opinion you sold the man a lemon and he deserves a full refund.His purchase from you was in good faith.
It was your responsibility to make sure that the gun you were selling was in good working order.
You did not,but instead sold a defective air weapon to a well known buyer. No where did you say it had problems,or I am selling it "As Is"
I have bought and sold many a air gun here on the Yellow (7 pages of BOI)
I always make it a point to tell it like it is,test fire and sometimes add chrony numbers.
My best guess is you did test fire it! You knew it had problems (thats why you sold it!) and hoped for a buyer who didn't know any better or would not complain.
Thanks for posting !
I myself and I am sure many others will be watching you like a hawk on the classifieds.
Unless of course you make this deal good and redeem yourself.

You know what you need to do to right this wrong!
Just do it and fast.

Best Regards
BBGun Bob
reschlund@wowway.com
S.E. Michigan

"Springers are neat,,One Shot One Bullseye"
BUT ONLY If you can master shooting one ! ! !


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Joined: October 4th, 2008, 7:02 am

August 17th, 2012, 2:08 pm #6

I rarely shoot my guns. Just check out my 4 pages of 100% positive feedback as a seller and a buyer.
Last edited by upacreekk on August 17th, 2012, 2:16 pm, edited 1 time in total.
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Joined: October 4th, 2008, 7:02 am

August 17th, 2012, 2:13 pm #7

I sold a BSA Hornet with the following ad: "BSA Hornet .22 multishot, fitted with factory non-removable sound moderator, and Swift 6.5-20 x 44 scope with sunshade INCLUDED. Purchased from (large air gun distributor). These are very hard to come by, especially in this condition. Small mark above trigger and front of grip, left side. Scope and mounts included. Includes fill probe."

I got the following response from the buyer: "I finally had a chance to unbox the gun and shoot it over the chronograph with jsb's 15.9 exact pellets and ran 4 magazines full of pellets thru the gun. Come to find three problems with the gun: the regulator is bad, the magazine is defective, and the latch that holds the magazine in place is bent to where you need a tool to release the magazine out of the gun when you want to refill the magazine. I would either like a full refund or pay for the repairs at... (large air gun distributor)."

I purchased the gun from a large air gun distributor in the U.S., but never shot it. Therefore, I had no knowledge of any problems with the gun. The distributor said: "The Rifle is no longer under warranty but we will be more than happy to see if we can fix the problem. We are no longer the BSA repair center". The buyer is a stand-up guy.

What are my responsibilities here?
At my expense. The buyer will be happy.

P.S. I rarely shoot my guns.
Last edited by upacreekk on August 17th, 2012, 2:17 pm, edited 1 time in total.
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Joined: March 2nd, 2008, 2:29 pm

August 17th, 2012, 3:26 pm #8

From your virtues, and if you want to know who some are, checkup My BOI
I always say, if in doubt, follow the money, if they have your money and you have the broken gun, well you'll read about it on my BOI
Jerry (Gerald ) smith
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Joined: January 30th, 2009, 3:46 am

August 17th, 2012, 3:27 pm #9

At my expense. The buyer will be happy.

P.S. I rarely shoot my guns.
I ran into an issue a few years back. I sold a gun i knew was in good condition shot well and accurate. After 3 or 4 weeks buyer calls and says the gun had issues and was like it when i sold it. I fought back and forth finally i bit the bullet and gave him a tricked out 2240 to make him happy and not post negative boi. I got shafted he knew it but to save. BAd boi i took the loss
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Joined: June 14th, 2007, 7:51 pm

August 17th, 2012, 4:12 pm #10

buying them to resell them and make money,you know it is your responsible to fix it,use some Gestalt and put yourself in his shoes,all you have to do is think if I tried to use the gun and it did not work won't you have sent it back to get fix,always good to get opinons when your in the "dark"
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