Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Durkin Tactical Franklin Armory
User Panel

Posted: 3/10/2001 11:45:20 AM EDT
I sold a gun via the board and just got a curious e-mail in which the guy tells me he thinks I sent him an SP-1. Now the gun wasn't an SP-1 when I sent it off and I have the pictures on photopoint to prove it. What recourse does the guy have or do I have if the dealer played switcheroo with the guns?

Maybe I am reacting too fast, but I am sure not taking the fall for this!

Any thoughts?

(I know this is the MG discussion board, but I have never been over to the semi-d board.)


Link Posted: 3/10/2001 12:15:49 PM EDT
So a dealer was was involved?   When the guy is "sure" he recieved an SP1 I would look at the dealer.   just my .02
Link Posted: 3/10/2001 12:45:07 PM EDT
Look at the dealer?  Sure.  I told this guy to give the dealer a chance to come clean and then call the cops.  I always send the full serial number on pics when I am selling a gun, so the guy has the serial number on his computer to compare with the gun.

I guess it could be mistaken identity on the part of the buyer("I think the gun you sent me was an SP-1" from his e-mail), but geez, the gun I sent was an AR15A2 HBAR.  It could no more be mistaken for an SP-1 than it could be mistaken for a K98 Mauser!

He wanted to return the gun to me, but no way until he verifies that it's my gun!
Link Posted: 3/10/2001 5:08:30 PM EDT
If that AR-15A2 is a slab-side, large hole lower, that may be what the buyer is talking about.  It resembles an SP-1 lower.
Link Posted: 3/10/2001 5:18:53 PM EDT
Bummer.  I agree with Dave G.  It could very well be a case of mistaken identity.

Link Posted: 3/14/2001 8:04:24 AM EDT

Heard nothing from the buyer since I first posted this thread.  Weird.  Oh well.

Link Posted: 3/23/2001 3:12:08 PM EDT
Well, the buyer could never take possession of the gun, says he "failed" the NICS check.  Interesting, since he is also on the yes list for the limited edition gun.  

So the gun is reportedly back on its way to me.

We shall see what gun I get back.  On the other hand, I still have the payment and that isn't going back until I am sure I have my gun back.

What a strange deal.  Sometimes funny things happen, but this has been extraordinary.

Link Posted: 3/24/2001 8:42:51 PM EDT
Ooo!  If you're getting it back, do you wanna sell it again?  I Know the difference between an HBAR and an SP-1...I read about it in a nifty magazine!

Seriously...how tough is it to read the side of the receiver and remove all doubt?

This was intended to be humorous, guys, not insulting...just so you know.
Link Posted: 3/29/2001 3:54:07 PM EDT
Ah, it gets weirder every day.

Now the dealer chimes in and says the gun wasn't what the buyer was expecting.  

So what about this funny story about the NICS and stuff.  The dealer says he has a no-fire return policy.  Sure.  A month after shipping the gun?  Not likely.

The buyer got cold feet and wants his $$ back.  Okay, but do I have to eat the shipping and transfer fees?  I don't think so, Tim.

Hey!  Am I talking to my self?  Anyone else had similar things happen?

Link Posted: 3/29/2001 5:42:23 PM EDT

Tell them to send the rifle back, they pay shipping.  Include a statement that the rifle was exactly as advertised and that if the buyer wants to back out for any reason, he is responsible for shipping both ways and any fees involved on both ends and any damage done to the rifle while it was in their control which reduces the resale value of the rifle.  Advise them to include a postal money order in the amount of your costs, or a signed, notarized statement authorizing you to cash his payment if you haven't already done so, and refund the balance less your costs.  Give him five business days to respond.  Send your notice certified mail with a return receipt request.  Give them [b]10[/b] days, or at least five business days after you get the receipt back, then cash the the PMO and send them another certified letter advising them that you consider the sale complete.
Link Posted: 3/29/2001 7:09:40 PM EDT

Thanks, that is precisely what I am going to do.
For once, I am thankful that I used Paypal.  This whole thing really has been interesting, from a certain perspective.  As a perennial buyer and an infrequent seller, this rattles me.  I would never have accepted the sale.  Frankly, it amazes me to think that the other parties here seem to believe that I am being the bad guy or that I have to somehow bear these costs.  Maybe the buyer is really naive, but I just cannot imagine.  He is a smart enough guy to be in the position he is right now, but I just don't know.

The looniest thing is that I have to go through a dealer to have my own gun transferred back to me.  Arrgh!  Another $35 in fees.

Rant out.

Thanks for the advice.

Link Posted: 4/1/2001 8:04:18 PM EDT
I've been on both ends of these deals.  It can get frustrating at times.  A lot of guys give a 3 day inspection period.  After that the deal's final.  You need to tell that to a buyer up front.  This can scare off some buyer's, but would you rather be in this mess again?  When I buy a gun and agree to a 3 day inspection I look the gun over thouroughly.

I once had a guy buy an AR-15 from me.  A month after he had it, he calls me up and says the gun isn't what he wants and he wants his money back.  I looked at the gun and saw that he had shot the hell out of it over the month.  I told him sorry it's your gun.  He didn't seem very happy about that, but I'm not Wal-Mart.  In fact Wal-Mart has a no return policy on guns.

Link Posted: 4/5/2001 4:49:37 PM EDT
End of the story:

The buyer is keeping the gun.

I am not at all certain how to avoid a similar circumstance, except to ask that the gun be returned if the transfer is not accomplished in a reasonable time frame.  

Oh well, gun sold.  Had a mind to keep it if it came back.

Semper ubi sub ubi.

Link Posted: 4/6/2001 12:44:57 PM EDT
i'm glad to hear it has ended well.when i first read this post a couple of weeks ago.i went back and pulled up your ad.now i'm not the brightest bulb sometimes but for the life of me i couldn't see how you could have made it anymore clearer as to what you were selling.mmk
Link Posted: 4/6/2001 3:01:41 PM EDT
Hi Charles

Glad that it all Ended Well.. Very Good

Would have been interesting to see what the serial number of the gun would have been , if he had sent it back tho !! That was your ace in the Hole i would think . If he had sent you back a rifle with the wrong Number..it would have been a Switcher Roo for sure..

Take Care
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.

By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top