Flaked out....what next?

[Buckeyeguy98]

Just a question for someone out in the universe. So I had a pistol sold and we were waiting on the back ground check to go through but the guy backed out and presumably the check will go through. So what do we ( I ) need to do if the deal is now off to keep things legal and squared up? Thanks in advance!

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[Nwcid]

I am pretty forgiving, but once the transfer is started, they are the owner..........

You have the money and the gun is his problem.

 

[Wood Worker]

I hope that he paid you in advance.

 

[3MTA3]

The check was your first mistake. Cash only in the future. As it stands he can cancel the check and when he passes the bgc it's his and you are out in the cold.

BTW he only would have written a check because he did not have the funds or he intended to do this from the beginning.

If he is a forum member please give us his handle so we know not to engage in a transaction.

 

[Buckeyeguy98]

Thanks so far, I still have the pistol....so is there any other recourse!

 

[Member 53328]

Money first, background check last. I've almost been burned by trusting someone else. Met the guy and started the background check and he looked at me and asked how I wanted payment (Venmo or paypal). I looked at him and said cash. That's when his eyes got big cause he didn't have it. Tried to get me to follow him home after the transfer and then he would pay. I said f**k you. I said you may wanna find a bank. Luckily I knew the shop manager and he wasn't about to let that gun go without payment. The kid found a bank and came back with the cash 30min later. After that I never do anything until cash is in my hand. After payment the gun is yours. In my opinion it's the buyer who needs to know his duties and be able to pass a background. That's a whole other story.

 

[Devneck]

Thanks so far, I still have the pistol....so is there any other recourse!

If you still have the firearm, what recourse would you expect? Can you not just put it up for sale again?

 

[TTSX]

Money first, background check last. I've almost been burned by trusting someone else. Met the guy and started the background check and he looked at me and asked how I wanted payment (Venmo or paypal). I looked at him and said cash. That's when his eyes got big cause he didn't have it. Tried to get me to follow him home after the transfer and then he would pay. I said f**k you. I said you may wanna find a bank. Luckily I knew the shop manager and he wasn't about to let that gun go without payment. The kid found a bank and came back with the cash 30min later. After that I never do anything until cash is in my hand. After payment the gun is yours. In my opinion it's the buyer who needs to know his duties and be able to pass a background. That's a whole other story.

I'll counter by saying I just sold a gun to a co-worker today and didn't even care if he paid me that same day. I know where he works. It's all situation dependent.

 

[Buckeyeguy98]

So if I still have possession I am in the clear? Just trying to get the best answers I can...the only dumb question is the one you don't ask.

 

[Member 53328]

So if I still have possession I am in the clear? Just trying to get the best answers I can...the only dumb question is the one you don't ask.

If you didn't do the transfer and background check then you are good to go.

 

[Member 53328]

I'll counter by saying I just sold a gun to a co-worker today and didn't even care if he paid me that same day. I know where he works. It's all situation dependent.

It's a different story when you know the person. I'm talking about a random I've never met.

 

[orygun]

I'd tell the dealer that he cheesed out and that you are not transferring the gun.
If you let the gun leave your possession without money in hand, that's a big mistake. But I'll bet the dealer can "unwind" the transfer.

 

[BillyJean]

It can be easy for things to get a little sideways on transfers in my experience. Sometimes an FFL will just throw papers in people's faces and paperwork starts happening.

I always try to remember how it was done in the good old days before the secretaries got involved in our private business. Buyer examines the piece and if it's acceptable, he forks over the cash. Now at the FFL I do the same thing. Buyer inspects, if it's good but he hasn't paid me yet, I say something like, "Well, if you're happy let's get me paid and let's get you a background check so you can take your gun home and I can get back to work."

 

[peteNW503]

Thanks so far, I still have the pistol....so is there any other recourse!

Buckeyeguy so basically you sold him the firearm and didn't collect payment? Started the process of the transfer while waiting for BC to go through he decided he doesn't want it? I guess my main question being did you complete the transfer paperwork? If so, I'd try speaking with the FFL you did the transfer at; otherwise like stated if it was just a verbal agreement and you still have the gun then you are in the clear. Just be a little more cautious next time IE cash/no returns because that is ridiculous. I'd be pissed if I got that far only for someone to waste my time money and energy

 

[Buckeyeguy98]

He got put in the waiting que for the background check but he filled out paperwork and we were waiting to go back in to the shop.

 

[orygun]

Even if you had to pay a transfer fee to get the gun back, it's a cheap lesson.

 

[Buckeyeguy98]

I never signed anything though.

 

[Knobgoblin]

Just my .02

Ask the FFL if he sees any potential problems. If not, you still have your property. Return buyer's check, or text him pictures of it going in your burn barrel . Hope the shop owner isn't leery of you doing future deals through his shop.

 

[orygun]

I never signed anything though.

The seller doesn't. Just the buyer.

 

[BillyJean]

He got put in the waiting que for the background check but he filled out paperwork and we were waiting to go back in to the shop.

I've also had an FFL here in town mix up my sale with another guy's and they transferred the wrong guns to the wrong people. After a few minutes the FFL was able to get it squared away, so I'm sure they could do the same in your circumstances...