Opinions wanted on gun purchase from private party.


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jessegpresley
January 10, 2006, 10:26 PM
In late October I bought a Springfield .45 from the owner in a private party transfer. We met at a gun shop. After receiving the firearm from I took it to the range twice, and had about 20 failures to fire per 200-300 rounds.

I sent the gun in to Springfield. They took 2 weeks to get back to me. Evidentally the previous owner had disabled/removed the ILS and when he reinstalled it, presumably because he was selling it to me, installed it incorrectly, which caused to the gun have light hammer strikes. Naturally, this isn't covered under Springfields warranty. While it was there, I figured I'd have some stuff done to it, so I requested a new magwell and a trigger job.

8 weeks after they received my .45 it should be here today or tomorrow. My question is, should I contact the seller and request some compensation for the money I spent having the gun repaired? $60 to ship it, $25 to fix the botched ILS, and $35 for it to be sent back to me. This doesn't include the $75 trigger job and $160 magwell installation.

Should I ask for the whole $60 + $25 + $35?

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Alex45ACP
January 10, 2006, 10:28 PM
I don't think so. Unless the seller said "There is nothing wrong with it whatsoever".

Black Majik
January 10, 2006, 10:40 PM
I doubt it.

I dont see how he could have messed with the ILS simply by taking it off. Only if he installed the magwell/MSH incorrectly, but if the gun functioned correctly, then that isn't the culprit.

Some reason this doesn't make sense since simply taking off the MSH doesn't affect the gun any, nor does reattaching the MSH. Did the seller actually disable the lock in the MSH?

Trebor
January 10, 2006, 10:42 PM
You can ask, but don't be surprised if he declines to pay. Any time I buy a gun from a private party, I always assume it's at my own risk. (Same goes for cars, btw). I do expect a little more of a guarantee from a dealer, even if its a used gun.

Lupinus
January 10, 2006, 10:59 PM
Sure you can ask but don't hold your breath. And to be honest likly shouldn't expect it. Unless he made a false representation by saying there were no problems, worked flawlessly, etc. you really have no legal standing either. And even if he did anything outside of his reasonable knowlage of knowing isn't covered either unless he gave you some sort of warrenty. Such as a car that runs fine for a week and then out of the blue the altenator goes belly up. The guy that sold it could be a nice guy, but legaly he doesn't have to unless he gave you a warrenty even if he said it ran great because his reasonable expectation/experence with it was that it did run great. Im no lawyer so that is a lay opinion. Unless he gives you a warrenty consider anything you buy privatly whether it is a gun, a car, or a pet mouse as being sold as is and while it might be worth a try to get some money back, don't expect it to happen unless he offered you a warrenty or you can prove in court he made false representation.

Moonclip
January 10, 2006, 11:12 PM
probably not worth your time and effort. Part of the risk of a used gun, especially from a private deal.

Lupinus
January 10, 2006, 11:20 PM
your only sure recourse would have been to check your states laws reguarding voiding of a contract. In some areas you have a certian amount of time to go back on a sale, return it, and get your money back due to defect or in some places simply not wanting it. Different areas will have different regulations. Way to late now the longest I have heard of is three days but might be worth checking for next time.

Shipwreck
January 10, 2006, 11:24 PM
I never buy used guns, personally. I have sold many over the years, though - and only 1 guy was intelligent enough to ask to meet me at the range. He wanted to try it out to make sure the gun worked. I had no problems with this because I knew it did.

Anyway, IF I ever did purchase a used gun, that would be the only way I would do so.

I would call him maybe and complain and ask, but don't count on him giving U the money.

Moonclip
January 10, 2006, 11:35 PM
problem with never buying used guns though is some very nice guns are not made anymore and can only be found used and I can afford many more firearms if I buy mostly used ones.

Carlos
January 10, 2006, 11:40 PM
You waited too long. I wouldn't bother the guy.

He'll probably just say he sold you the gun "as-is," as most sales are. I know I would.

Welcome to The High Road.

Snagglepuss
January 10, 2006, 11:45 PM
Never know, the guy may have a conscience. You could explain what it cost you to fix it and just ask for him to send what he thinks is appropriate. You might be surprised. I wouldn't expect it but it doesn't hurt to ask nicely.:rolleyes:

gezzer
January 11, 2006, 12:36 AM
What concience it was bought in October it's now January the seller owe nothing.

Lone_Gunman
January 11, 2006, 12:38 AM
Let the buyer beware.

I wouldn't ask the guy for any money, and if I was him, I wouldn't pay.

Why is Springfield blaming the ILS malfunction on the previous owner? I bet the thing was screwed up when it left the factory.

f4t9r
January 11, 2006, 12:39 AM
deal is done , some lessons are more expensive then others

LawDog
January 11, 2006, 12:54 AM
Caveat emptor.

LawDog

el44vaquero
January 11, 2006, 02:03 AM
post proelia praemia

jtward01
January 11, 2006, 02:20 AM
In late October I bought a Springfield .45 from the owner in a private party transfer. After receiving the firearm from I took it to the range twice, and had about 20 failures to fire per 200-300 rounds.

I sent the gun in to Springfield. Evidentally, the previous owner had disabled/removed the ILS and when he reinstalled it, presumably because he was selling it to me, installed it incorrectly, which caused to the gun have light hammer strikes. Naturally, this isn't covered under Springfields warranty. While it was there, I figured I'd have some stuff done to it, so I requested a new magwell and a trigger job.

My question is, should I contact the seller and request some compensation for the money I spent having the gun repaired? $60 to ship it, $25 to fix the botched ILS, and $35 for it to be sent back to me. This doesn't include the $75 trigger job and $160 magwell installation.

Should I ask for the whole $60 + $25 + $35?


You aren't clear here. You say "Evidentally the previous owner had disabled/removed the ILS and when he reinstalled it, presumably because he was selling it to me, installed it incorrectly, which caused to the gun have light hammer strikes."

Why is it evident? Why do you presume he removed and reinstalled it? What, exactly, did the folks at Springfield tell you? Did they tell the ILS had been removed and reinstalled incorrectly?

Did you contact the seller before sending the gun back to Springfield and give him the chance to fix the problem? If not, then I'd have a hard time saying he should reimburse you.

If Springfield will put it in writing that the ILS installation was messed up then you might have a chance at getting the guy to pay for the $25 repair, anyway. If I'd sold a problem gun I'd certainly feel obligated to make it right, even if I didn't know of the problem at the time of the sale.

As for shipping charges since you decided to have other work done at the same time I'd say those are on you. If you can get the $25 for the ILS repair I'd say that would be a pretty fair resolution.

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