Posted: 8/30/2007 10:03:59 AM EDT
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I need a response to a purely hypothetical situation. The actors involved are: DealerNM DealerTX DummyTX Situation: DummyTX purchases shotgun from DealerNM. DealerNM tranfers shotgun to DealerTX. DummyTX gets UPS notification that DealerTX has received and sgined for the shotgun. DummyTX goes to pickup shotgun but DealerTX is not being very customer service oriented. DummyTX says things that surely pissed off DealerTX. DummyTX leaves in a huff to await call that shotgun is ready for transfer. Questions: Who owns the shotgun? How much chain does DealerTX have to jerk around DummyTX (especially considering dove season opens this weekend)? Can DummyTX demand immediate transfer from DealerTX? |
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I would think that DummyTX actually owns the shotgun. He is the one that purchased and paid for the shotgun. DealerTX is merely a bailor in this situation and has to exercise ordinary care regarding the shotgun. As far as I know though, there is no obligation on the part of DealerTX to immediately transfer the shotgun to DummyTX. DealerTX did not sell the gun to DummyTX so there is no obligation to deliver the goods on the ground that they have already received the money and they need to complete their end of the bargain. I think that if DealerTX decided to not transfer the weapon to DummyTX they would perfectly be within their rights to do so, although they could not keep any money that they have received. However, if Dealer TX chooses not to transfer the weapon, I don't think that they can hold the weapon indefinately. I believe that they would have to send the weapon back to DealerNM and then DealerNM and DummyTX can work out other arrangements. However, I am not familiar with laws in TX and some of the laws governing FFL so this isn't legal advice about what you are and aren't allowed to do and the above advice could end up being wrong. |