Buying a used gun from a dealer

[22-rimfire]

It was a "gun show", not a gun shop. The rules tend to be a little different. Did the gun dealer mis-represent the gun? Probably not based on my gunshow visits.... Also it may have been an old cheap gun and the kind of gun you used to find in pawn shops piled up in stacks inside a glass case. This is one of the reasons I usually stick with the major manufacuturers as you can always return the gun to them for repairs if necessary.

 

[jim_mcnabb]

Thanks to everyone for the comments.

The gun was represented as working, not parts. Yes, we definitely should have discussed with the dealer having a couple of days warranty to test fire the gun before purchasing it (and having that warranty agreement written on the receipt).

Most of our purchases have been new guns from local dealers, buying used at a gun show was new experience for us. We do appreciate the dealer accepting the return, it sounds like we were lucky.

It has been a learning experience.

Thank you.

 

[22-rimfire]

It was definitely a learning experience for everyone. You are lucky you actually shot the gun quickly. I often let guns sit around for months and sometimes years before shooting them. Stick with the Tier I gun manufacturers and you usually get what you pay for. Sometimes not... like everything else.

 

[browneu]

used cars its called the lemon law here in ohio.

The lemon law only applies to new cars not used.

Section 1345.72
(A) If a new motor vehicle does not conform to any applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make any repairs as are necessary to conform the vehicle to such express warranty, notwithstanding the fact that the repairs are made after the expiration of the appropriate time period.

 

[kaferhaus]

I would have been polite and told you no. I've never seen a dealer sell a used gun with a warranty, much less a money back guarantee. Walmart doesn't do it on new guns, Academy doesn't do it, Bass Pro shops.... most gun stores won't do it either on a new gun.

How would I know you didn't go shoot someone with it and then return for a refund (hey it HAS happened more than you think).

Or how do I know you didn't break it?

You are a lucky man, no question about it

 

[wishin]

He did you a favor. A gun, a car or anything mechanical, doesn't have any idea when it will fail. Unless it has exhibited a hiccup before, the gun owner can't predict when a problem will occur. Had it failed from the start, it would have been a different story.

 

[CZguy]

I think it depends on the dealer. The guy I've bought numerous guns from over the years has always had a return policy if you don't like the way it shoots. I've never had to return one, but will ask him next time I'm in how many he gets.

It sounds like my dealer is in the minority though.

 

[browneu]

Most of our purchases have been new guns from local dealers, buying used at a gun show was new experience for us

I hope this experience doesn't deter you from buying another used gun. There are some real gems out there and some good guns that you can only buy used since they are no longer manufactured.

22-rimfire gives some good advice about buying sticking with major manufacturers. Normally, you can send it back to them for repair if something breaks.

 

[28lx]

That gun dealer sounds like he would be getting return buisiness from me. Glad it worked out for you.

 

[GRIZ22]

Were our expectations unreasonable?

If the seller didn't imply any warranty I think they are unreasonable.

 

[Ala Dan]

"Gun Show Dealer's"

are usually the 'week-end warrior's" of the gun trade; not serious enough to
want to open and operate a legitimate business, but want too dabble in guns
enough to pick up a few extra $$$~?

Like other's have said, after a few grumbles and gripes from the vendor;
you are real lucky too get your refund. He should have had the IJ checked
out by a competent gunsmith; before entering it for sale~!

 

[Onmilo]

Gun Show and Gun Shop are no different to a Gun Shop Dealer.
Exact same rules apply.

There are Dealers, Hobbyist Vendors, and Retailers.
Educate yourself and know the differences.

Real "Dealers" really do "Deal" and will back the items they sell.
These folks operate under the same principles of business certified used car dealers use.
Selling products and backing those products promotes their reputation and selling is their bread and butter.

Based on many of the responses here, no fricking wonder customers hate dealing with their local hobby Gun Shops!

 

[CZguy]

Onmilo,

Just summed it up very nicely, and I agree completely. I prefer to buy used guns over new, and luckily I buy from a dealer who backs up his guns with a guarantee. If I bought from a dealer with a "buyer beware policy" then I wouldn't do business with them. (Not twice anyway)

 

[jl1966]

You were lucky to get your money back, as others have said. You also were not wrong to expect the seller to stand behind what he sold. If I have something to sell, be it car, gun, or house, I am going to have evaluated it for defects, and disclose any issues found. If the guy is a hobbyist gun seller, then he does not have such an inventory that he cannot evaluate the guns he has individually. This is all understanding that there are no signs that you mistreated the item in the time it was in your possesion. This is another instance where SOME gun sellers seem to think a different set of customer service standards apply to them.

 

[Grey_Mana]

Depends on the state. Generally, if a merchant sells goods (not limited to firearms), state laws effect an implied warranty of merchantability and warranty of fitness. Generally, the seller has to clearly post "as is" to be free from responsibility. If the seller knows, or should know, that the buyer is relying on the seller's expertise, then the seller is responsible for the fitness of the product sold.

Many states have a corporation commission, or a consumer product protection division ( http://www.sos.mo.gov/business/corporations/ ) that will bully a merchant for not speedily refunding money. A letter to your state senator can get similar results.

For guns shipped in interstate commerce, federal Law is under the Uniform Commercial Code. Check in THR's legal forum for better advice.

Gun stores and dealers like to say "all sales final" for guns and ammo, but I know my state doesn't exempt either from the warranty regs. In the OP's case, if the seller were to cash the check after being asked for a refund, cashing the check would be fraud. If you're willing to wait 18 months or 2 years for the state to finish prosecuting, the small claims court case is really easy to win.
---
Edit - out of curiosity for Kaferhaus's post, I looked up Alabama ( http://www.alabama.gov/sliverheader/Welcome.do?url=http://ago.alabama.gov/consumer_complaint.cfm ) - pretty clear that the seller would be in the clear in Alabama.

 

[oneounceload]

It's not like you went out and put 5000 rounds through it during a torture test and it failed.

How would the seller know if that was true?

 

[da2mag]

I would think that there had been some kind of conversation about "are you sure this gun works" etc. and it is always a good idea to ask "what if it does not work properly"? If they will not back the gun ask to take it to be checked out by your gunsmith before buying it. Most dealers I know do not shoot many of the used guns they sell but will stand behind them for a reasonable period of time or allow you to have your gunsmith check them out.