What would you do?

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Jackal

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So, I sold an AK to a person in my state who sent me a deposit of $150 on Nov 8th. I was to hold it until Nov 29th, when he would be back in state to pick it up and finish the purchase. Its now Dec 30th and I've had no payment or any contact at all from him since the 2nd. He appears to have dropped off the planet. My gut says its ok to keep the $150 and resell it, what do you think?
 
Do you have a # for him? Tried contacting him yourself, instead if him contacting you?...I'm just saying. Karma can be a real bootch.
Personally I'd send a letter to the address he provided with a phone number to call you. Basically I'd make every effort before spending the guys money...but thats me.
You do as you wish.

I have to think that because you're asking here, I believe you know the answer.
 
I have no other contact info for him other than his Facebook. I have tried contacting him with no response. I've never had a transaction like this before, after hundreds of them. Funny thing is, the lack of contact happened when I mentioned that a background check would be required due to WA I594.... Makes me not only curious, but suspicious as well.
 
My personal code would force me to keep the $150 in an envelope or something for at least a year. That would be my own sense of honesty. As far as the gun is concerned, I would have no problem letting it go at this point.

You never know what happens. It could be fishy and it could be legit. I had a guy buy a truck off of me a few years back for $800. He paid me $600 up front and was going to return a week later with the other $200 for the title. After two months, I figured he had ripped me off but, about the time I wrote it off, he showed up with the $200 and looked like crap. He had had a heart attack and had been in the hospital.

ICall me trusting but, most of the time, people are honest.
 
The way I understood a deposit is that if the agreed upon time passes, then the deposit is forfeited. However if you want to sell the rifle and return the $150 if he ever gets in contact with you, that would be an option that could ease your conscience.
 
I'm with Schwing on this one.

How did he get the $150 to you in the first place? If it was paypal, you could send the funds back and sell with karma on your side.
 
In my opinion you are definitely not entitled to the money but neither are you bound to hold the gun for him. As others have stated, put the cash in an envelope, sell the gun, and if he has not contacted you in a year I would consider it abandoned property. I also am curious how he gave you the money without any contact information.
 
I also am curious how he gave you the money without any contact information.

I think it was a cashiers check. I've kept the $$$ and I figure I'll hold the rifle for another month or so before I consider the sale void, since he was supposed to pick it up on the 29th of Nov. I just dont know what the general rule of thumb is for these types of odd transactions. Whenever anyone's sent me money, they have always been on the ball to complete a sale.
 
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Jackal said:
So, I sold an AK to a person in my state who sent me a deposit of $150 on Nov 8th. I was to hold it until Nov 29th, when he would be back in state to pick it up and finish the purchase....
Just out of curiosity, how did you plan to deliver possession of the rifle to him? You are aware, I'm sure, that under federal law if he is not a resident of Washington State the transfer would need to be done through an FFL (and under WA law as well, once I-594 takes effect).
 
The way I understood a deposit is that if the agreed upon time passes, then the deposit is forfeited.

Agreed.

In my opinion you are definitely not entitled to the money but neither are you bound to hold the gun for him.

The whole purpose of a deposit is to hold something (presumably taken off the market) for the person placing a deposit.

If the deposit will be returned then why even take one in the first place?


Added in edit- In this case the seller can't even find the guy so how would he give it back anyway?
 
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Just out of curiosity, how did you plan to deliver possession of the rifle to him?

He is supposedly a resident of WA state, hence the "I was to hold it until Nov 29th, when he would be back in state to pick it up and finish the purchase." Obviously without meeting the person and seeing any photo I.D., which I'm not legally bound to ask for, there is truly no way to utterly know for sure.
 
He is a resident of WA state, hence the " I was to hold it until Nov 29th, when he would be back in state to pick it up and finish the purchase."
Thanks for clarifying that. It was the "back in state" that threw me. It read to me like he lives somewhere else but comes to WA regularly.
 
If it was a deposit, as you say, it's yours to keep. That's how it works. He didn't come back on time, you made a good faith effort to contact him. I would feel freeto retain the money and sell the rifle.
 
So, I sold an AK to a person in my state who sent me a deposit of $150 on Nov 8th. I was to hold it until Nov 29th

Just me, but business is business. There have been plenty of times I wanted something that I didn't have the money for.....doesn't mean I'm going to make an arrangement with someone in hopes that I win the lottery.

Now, if he has a valid reason, I would give his money back as a good gesture.
 
If it was explained that the $150 was a deposit for you to hold the rifle until 11/29 when he would pay the rest and if he did not finish the transaction by that time the initial deposit was yours for your time, then I say keep it.

I have sold a few rifles in that manner and I always tell them that the initial deposit is nonrefundable if the transaction is not completed by the agreed upon time.
 
Jackal - if you have a record of where the check was from (a specific bank), they may have a record of who purchased the cashier's check. Let them know that he had sent you this money "on deposit" but never followed up. If they know the sender, they might be able to tell you how to contact him. Or, they might be able to tell you he's in the hospital or dead. :confused:
 
I say

-The $150 is yours
-There's nothing wrong with deciding to return the $150 should he resurface, if you feel like it and that happens, go for it. Call it karma or call it CYA so you don't make a [for all you know] prohibited person feel like you stole $ from him
-Sell the rifle, you've waited more than long enough
-Move on
 
You have more than met the terms of your original agreement. I would definitely proceed to sell the gun with no remorse. You've tied up your own money in a stalled sale long enough.

Legally the buyer has forfeited the deposit by not abiding by the terms of the agreement. If you want to hold on to the money a bit longer, to see if he has a legitimate excuse for not following through or contacting you, that would be a nice jesture but not required. I personally would not put much credence in any excuse he offered at this point, but perhaps I just have little faith in my fellow human beings.
 
sell the rifle. the time for the arraignment has passed. me personally it is none of my business why he passed on the deal, he did. take the 150 (and if it a check cash it cause some expire) and put it up for a year, after that..........buy some bullets. but that is just me being reasonable in my mind. but now I also feel strange about this deal, so if he calls next week tell him the deal is off, for what ever reason you decide, and send the deposit back to him.
 
How did you two come in contact in the first place? Was it THR?

It's kind of messed up that it's taken this long. Suppose you needed the rest of that money for Christmas or some such.
I think the fact that you're still willing to hold the deposit for a few more months says volumes about your character.
If it were me, sell the rifle if you need the cash or space, hold the deposit for another month and let the guy explain why he deserves his money back. He had better be laid up in a hospital, wandered the Earth with Amnesia, or in the morgue.

Good on you for having sound morals.
 
Create a written document fully explaining the situation then hold the money in abeyance for whatever time period is required under your state's statute of limitation concerning these type situations.
 
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