What to do when a rifle sale goes bad?


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jeeptim
March 31, 2011, 09:54 PM
Not sure if I am on the right fourm or if thr has a forum for this.
Here we go sold a Winchester model 100 on the gun broker first and last really nice rifle just before we sold it put 20 rounds through her ran really well no problem a guy in Fl got it and 11 days after he got it he said it was broke he also said he never shot it looks like the operateing unit was broke with a good size broken peice of metal hanging in the mag well looks nasty now this was shipped to his FFL with the mag in it.
It looks as though the action wouldent cycle in this condition want to be fair but I know this was not in this condition when it was sent.

What I think is that he some how broke it and wants me to fix it or refund him. Also he tells me he has another modle 100.
Think I have some Idea of what i am going to do but a lil input from my peers would be helpful.
thanx

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Samson7
March 31, 2011, 10:09 PM
Do you have proof of the condition when you shipped it?

If not, I don't know how gunbroker deals with situations like yours.

Definitely sketch though... people really suck sometimes. Sorry to hear about your troubles.

jeeptim
March 31, 2011, 10:15 PM
Samson yeah it is sketchy the only proof i have is i shot and lightly cleaned her up before i boxed it up and by all means if it's bad on my end i have no problem taking it back but at the same time it just sounds sketchy.
thanx

kis2
March 31, 2011, 10:17 PM
Could it have been damaged in shipping? You might could call the FFL and verify the condition it arrived in the shop.

Hope it works out to your satisfaction

bushmaster1313
March 31, 2011, 10:26 PM
What was your stated return policy in the listing.

If it went out correct and the buyer busted it, it's not your fault or responsibility.

jeeptim
March 31, 2011, 10:26 PM
Hey Kis2 well i packed the crap out of it that was my first thought and told him to contact fed-ex also it was shipped with the mag in her and you would think first thing the FFL would do is remove the mag pull the bolt back and check to see if it was loaded and from the pic he sent it looks as though it wouldent go back with out a fight.
Really sideways over this my son and i have a really good time with this rifle and wanted to pass it on to a good home.

mshootnit
March 31, 2011, 10:31 PM
those had a firing pin recall did this rifle have the correct part in it or the original pin?

jeeptim
March 31, 2011, 10:34 PM
Yes we got it with the bad pin contacted winchester sent them the old one and they sent us a new one with $25.00 we had it installed and never a problem.
Sent the buyer proof of that.

BHillman
March 31, 2011, 11:24 PM
insurance. You did insure it when you sent it...right? It was probably damaged in transit. It's a pain to do, but I've had 2 claims and eventually they worked out.
HTH
Bruce

jhngardner367
April 1, 2011, 12:16 AM
Have you checked to see if the serial #s match,and things weren't swapped out with his other rifle? Any thing is possible !

john5036
April 1, 2011, 12:31 AM
Um, isn't it his job to check the rifle upon receiving it from the FFL dealer to make sure everything is kosher mechanically before he takes it home? Your desire to be fair is admirable, but once he walks out that door with that rifle, it's his problem. I know that sounds harsh, but that's the only way you can protect yourself from potential sketchies.

Stuff like this is why I stay away from Gunbroker. I'm sure it works well for others, but I haven't taken the risk, or even felt the confidence to do so.

BushyGuy
April 1, 2011, 12:45 AM
thats why i do face to face sales, they bought it , they broke it thats their problem not mine .

they should check it before they buy it, i wouldnt buy a car thats broke now would i?

patsygarret
April 1, 2011, 12:53 AM
of all the guns from auction sites i have purchased when i picked the rifle up my ffl always cycled the action in front of me, #1 its good practice. i would contact the ffl that you sent it to and talk to the guy that unpacked the gun. he may be able to tell you that, "yes i did cycle the action" or if it was inoperable when he got it, then its time for carrier insurance to be contacted for a claim. Good luck.

redbullitt
April 1, 2011, 01:11 AM
Surely you would have known if it was like that... VERY sketch IMHO. Maybe not on the buyer even... I have seen a few very questionable FFL dealers...

I have sent and recieved quite a few rifles and have never had damage, especially if packed right/well. Heck, I took delivery of a 33lb ar50.... Not that you could break it lol, but still, it was packed well and held just fine.

Insurance? Any return policy stated?

Insurance is a pain (as was mentioned) but it can save your bacon for sure.

madcratebuilder
April 1, 2011, 05:29 AM
Do you still have all the photos from your GB listing? I give buyers a three day non firing return privilege. Your buyer waited eleven days to contact you so I would think it was fine out of the box. Let him deal with the shipper on a insurance claim, but he waited to long for that also. I think he broke it and is scamming you.

dnthmn
April 1, 2011, 06:22 AM
After 11 days, I'd say it is the buyer's problem. He shouldn't have even accepted transfer without a thorough inspection.

ole farmerbuck
April 1, 2011, 06:39 AM
Interesting

Lloyd Smale
April 1, 2011, 07:36 AM
most sales have a 5 day inspection period where you should check out your gun. Most dont allow a person to shoot it though. So at 11 days of if he shot it without your permission its his problem. Many people balk at the non shooting part but a guy cant be responsible for someone elses loads being overpressure or some idiot putting the wrong ammo in it. Thats why 5 days. If you arent guy savoy enough yourself to tell if everything is proper with it you have that time to have a gunsmith check it out.

yyz
April 1, 2011, 08:12 AM
just a side note on the ffl. i have dealt with an ffl who would not open a box. he would just put it on the side and wait for you to show up and let you open the box and let you do the inspection. now is this 11 days after you shipped it or 11 days after the ffl received it or 11 days after he picked it up from the ffl? a problem like the one you are describing should of been found at the time he picked it up from the ffl. yep i would contact the ffl and ask a few questions before i would respond to this one.

atblis
April 1, 2011, 08:35 AM
I always took comprehensive pictures of an item right before shipping as a reference for myself.

I also tend to take pictures of the packaging before shipping to show that I did it acceptably.

Digital cameras are so cheap and easy to use. Snapping off and keeping 20+ pictures is nothing.

JFtheGR8
April 1, 2011, 09:13 AM
I would say the burden of proof lies with the buyer. The FFL I use will not unpack a firearm that I have had shipped to him without me being present. He then inspects the gun himself before handing it over to me. I am o.k. with that as he can bear witness to the condition as received if need be. Your return policy should have stated something about a non-firing inspection period with a qualified gunsmith. That covers your butt in a situation like this. I think I would want to know why it took the buyer so long to contact you about an issue. I would have called or emailed you immediately with pictures from my cell phone as proof of condition received whether of the box being damaged or the rifle not being "as stated."

jerkface11
April 1, 2011, 09:46 AM
If your FFL's won't open the box without you being there how does he log the gun into his book?

atblis
April 1, 2011, 10:12 AM
If your FFL's won't open the box without you being there how does he log the gun into his book?
I kinda suspect we're talking about a small town dealer. People can generally stop by the same day for stuff no problem.

JFtheGR8
April 1, 2011, 10:20 AM
If your FFL's won't open the box without you being there how does he log the gun into his book?
Don't know and don't really care. I am pretty confident he is in compliance with whatever rule BATF has about it though and if not then that's really not my problem. Don't get me wrong, I like my dealer and want him to stay in business without any problems. All I can tell you is that I track my firearms very closely and arrive at his place of business within an hour of delivery confirmation, usually within minutes. They have always been unopened upon my arrival. He probably logs them in at that time. I am not an FFL holder, not aware of their record keeping process, and that is why I use one for the transfer and pay him accordingly.

JFtheGR8
April 1, 2011, 10:22 AM
I kinda suspect we're talking about a small town dealer. People can generally stop by the same day for stuff no problem.
Yep.

minutemen1776
April 1, 2011, 10:39 AM
I wouldn't even describe this as a sale that went bad. You sold your rifle at auction, received payment, and shipped the goods. That transaction was complete. What you have is a dissatisfied buyer who's attempting a return or refund after having received the gun 11 days ago. That is an absolutely unacceptable delay in raising such an issue. I would tell him the problem is now his, unless for some reason you explicitly stated a refund/return policy that is so generous as to allow this after 11 days. This sort of thing, quite frankly, is why I now list any auctions "AS IS." That likely scares aware some buyers, but after dealing with a few unreasonable buyers (whom I think simply had a case of buyer's remorse or whose spouses objected to their purchase after the fact), an "AS IS" policy has become a bright-line rule that is very beneficial in warding off problems with buyers.

desidog
April 1, 2011, 01:56 PM
I'd call the FFL you sent it to - if it was damaged in shipping the guy must've noticed damage when he picked it up; and complained! I wouldn't accept delivery... Since he did accept it, it was probably fine then. The FFL could verify that.

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