Sold a broken gun

[Nwcid]

I have not been having good luck with selling guns lately. Had one come back "stolen" which it was not, but someone did paperwork wrong years ago on it. It all worked out fine and easily but still sucked.

Now I sold a rifle and the buyer says he noticed it had a cracked receiver. He sent it back to the maker who replied with;

Our inspection revealed that the damage to this rifle was caused by a cartridge case failure. Our warranty does not cover damage caused by defective ammunition. The receiver has been cracked and the barrel was found to be in very rough condition. The technician has deemed this rifle is un-repairable and has recommended replacing it.

I have been authorized to offer you a replacement at the cost of $500.00.

I bought this gun used in at a gun shop several years ago and shot it a little right after I got it. I did not have any problems with it and sat in the safe most of its life which is why I sold it. The gun is a ~$1400 gun and I sold it for $1150. I forgot to include the mag when I shipped the gun. Then I ended up out of town and forgot to mail the mag for over a week. So to make up for it I sent 3 extra mags worth about $50 to him.

Now here is the question. I have no doubt the gun is broken. I didn't know it was broken when I sold it or I would not have. I feel I need to do something but I also don't feel like I should have to pay the $500 either. I have an idea of what I should do, but I would like some other opinions first.

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[Hardwood floor guy]

split the cost $250~$250?...sounds like a fair offer huh?

 

[Nitro 54]

Sorry, the best I would do is split the cost for the repair. 50% for both of you.

 

[deen_ad]

My problem with this is you have no proof it was damaged when you sent it. He could have done it himself and wants you to pay the cost. Maybe I'd go the half cost IF he can prove it was bad when you shipped it.

 

[Akathepriest]

Pay 50%, he will be getting a brand new rifle. Not repaired. You shouldn't be paying the full cost to have him sent a new rifle when he bought for used prices.

 

[orygun]

Hmmm, tough question. I'd go with the 50% deal, but have to wonder, did he talk to you before he sent it back?

 

[jonn5335]

How long did he have the firearm before the fractured receiver/burned barrel were noticed? Was the barrel severly worn when you sold it? If it was did you mention that in the discription? I find it hard to believe a seller could go without noticing a cracked receiver/burned barrel. I won't sell a used gun that I havent fired,dissasembled and inspected . I hate to side with the buyer on this one but there are too many gaps in this story and it sounds like negligence on your part. It is your responsibility to know the condition of the firearm and properly represent it to a buyer especially when shipping it to someone that is trusting you because the buyer unable to inspect the firearm in person. I would leave it up to the buyer either undo the deal or offer to pay half of the repair/replacement cost. Legally speaking even if you sold the firearm as-is and unintentionally or intentionally misrepresented the firearm you did not give him what he paid for. it's best to take lots of pictures you may say this will never happen to you . . . untill it does.

 

[Nwcid]

I don't feel like the buyer is trying to put one over on me. Apparently I was a minor crack but in a bad spot and hard to see.

I do plan on contacting the maker and talking to them. My initial plan was to split the bill with and you guys have backed that up for me. I know bad things happen in life it is how we take care of them that matters because we can not stop all the problems.

 

[madcratebuilder]

50/50 split is a fair deal.

 

[giddyupgo55]

Just my 2 cents, but if the crack was there when you sold it, even if you didn't know it at the time, and you don't belive the person who bought it is trying to pull a quick one, then you should pay for all repairs.

 

[GTeye]

I sold things over the internet for years and the things you would have people come back to you and say to try to get money back was crazy... at least 2-3 per day.

If this was a used gun and you thorougly inspected it prior to shipping and you know it was functioning correctly prior to shipping then personally I wouldn't refund anything.

If you can't say yes to the above 3 things honestly then to be fair splitting cost may be worth it, espescially if you sell things often, to not get a bad reputation but you have to be careful, espescially if you sell alot, because once people find out you will cave on things then others are happy to jump on that bandwagon.

Did he purchase this in person? If he did then the inspection was done by him and a used gun to me is bought "AS IS".

 

[Chee-to]

Just my 2 cents, but if the crack was there when you sold it, even if you didn't know it at the time, and you don't belive the person who bought it is trying to pull a quick one, then you should pay for all repairs.

Ya I agree, "IF" the firearm was sold pre=damaged, even if unknown by seller, pick up the whole repair or give him a refund.."IF" he damaged it, it's on him. "IF" it's a finger pointing he did it, she did it, then 50/50 is better then a stick in the eye.

 

[coyoteman5]

If you sell a car and it was running fine and then the guy comes back and says it has a crack in the block(and you did not know of the crack) do you pay for the repair of the motor for him or is it sold as is? Used. Hey rough dilemma.

 

[Hawaiian]

If the shoe was on the other foot and you bought a gun that had a cracked receiver, how would you expect the seller to handle it?

 

[bruzer]

Why is buying a used gun any different than a used car? Do you get a warranty with a private party sale? NO. Unless the seller has a written warranty used items are sold "AS-IS". I expect everything I buy used is on me to verify any and all defects even if the buyer is crooked. I have been taken a few times and it makes me all the more wiser on the next purchase. Thoroughly inspecting brakes is a good thing like when I bought a used Cruiser. Test drive went great, I was happy, gave the guy the money, drove away and when I pulled into my driveway the brake pedal went clear to the floor. Had to do a quick right hand turn and drove over the fence instead of plowing into the garage door. Didn't run down and demand my money back or expect the seller to do anything. I was just relieved nobody was hurt. Fixed the Cruiser and still have it. That's the way I see it. Of coarse I don't blame anybody for standing behind their used products but I don't expect it when I buy used.
Good luck and stay safe,
Mike

 

[Nwcid]

So here is a bit of an update.

To the best of my knowledge the gun was in working order when I sold it. Being that it had been sometime since I shot it and I had not throughly inspected it for small cracks (need to call the maker and find out the exact details) it is possible it was in that condition when I sold it. The only reason I am considering paying 1/2 is that I am not 100% sure. Yes it was sold "AS IS" but I am also willing to take care of a person with a problem in the same way I would like to be treated. Buying anything used is a bit of a gamble.

Here is where I start to run into some trouble. Sold gun, about 4 weeks later (I know we all can't make it out to shoot the day we get out new toys) guy emails me and asks me to call. I call him and he tells me that he was shooting and brass came out looking funny. Tells me he sees a crack, calls the maker and sends it in to be looked at, and they tell him the gun is not repairable, then has me call him. I think about what i want to do for a day or two then post it here. At this point I am thinking offer to pay half or let him return it for a refund after talking to the maker. I email him offering the half and the reply I get is "I know you dident want to sell a bad gun. But the truth is I did give you almost 1200 bucks thinking it was in used but shootable shape . I already sent them the money 500 is not asking alot its fair for you and me."

At this point I can't even offer him a refund now so I feel like I am being put on the spot.

My plan is to call the maker tomorrow and decide what to do.

 

[Akathepriest]

Nope, I would say no deal. He should have talked to you and have asked for a refund not gotten it repaired and sent you the bill. Aka it should have been up to you to fix it first not him. That, and it sounds damn fishy. Oh hey BTW your gun was broken so I got it fixed and here you should pay for the new gun.

Some people posted the "used car deal" scenario earlier. This isn't that. It isn't being repaired, its being replaced factory new. You don't buy a used car at used car prices, have a new car trade in and have the used car dealer pay for the new car.

You also don't buy a used car and then take it to a different shop to have it repaired without first seeing if the dealer will repair it for you and expect that the dealer will just be ok with paying the bill.

 

[G1GRANDEUR]

This is why I would never purchase used firearms or anything without seeing in-person.

It sucks for the buyer, but you had no intention to sell broken / damaged firearm. As rule of thumb, when purchasing anything used, it's SOLD AS IS. (Unless warranty has been mentioned)

It's really up to you.

 

[deen_ad]

Buyer sent it to the manufacturer, then paid to have it fixed without notifying you. Very fishy to me!! Sounds like he knows he broke it but "what that the heck, maybe I can get the sucker (seller) to pay half. Might as well try, nothing to lose!"

An honest buyer would have called you first before sending it to the manufacturer and paying to get it replaced!

 

[Toxic6]

I've honored stuff i sold in the past that ended up having issues, both cars and guns.......but they brought it to me non functional so i could diagnose it. evidence gone and just their word on it - I would be very wary. If you came across like an honest person and the sharks smelled blood.......