Gun Broker misleading ad

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Mar 15, 2008
I won a auction on GB only to find out that the gun advertised was not what I was looking for. I was looking for a Kel Tec SU-16C. For those not familiar with this model it has a folding stock that can be fired when folded. The ad listed it a SU-16C so I bid and now GB wants me to fulfill the purchase and prove to them that it was not what it was listed. It was again for those not in the know a SU-16CA with a skeleton stock so it would not allow it to be fired when folded. It did have a picture of the stock folded for which I questioned the seller but was not answered until after the auction ended.
So my question is has anyone dealt with this situation on GB and what was the resolution?
I haven't run into this situation myself, but I'd guess you're hosed. You bid on it before receiving an answer to your question. Good news is its a commonly wanted gun. You should have little trouble trading into what you want.
Is the auction still visible to you and does it have pics of the gun you won? I'd go from there. If you honestly believe the gun your being offered isn't the one listed in the auction I woudn't buy it. I've used GB for about 10 years without any problems.
What happens if I just don't pay the dealer. Will I be banned from GB?
I suspect yes you might run afoul of GB.

As an alternative, make the dealer give you the 16C advertised. If they don't I'm thinking they will be on the wrong side of GB.
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If you feel the seller has filed a NPB in error, you can dispute the NPB. You, the buyer, will need to fill out a form explaining your side of the story. The NPB record will go into "Dispute" status. I might offer to pay the seller the commission due GunBroker, to be let out of the deal. Seller would have to agree. Then seller could relist the item. Depends on how much $$$ is due?
I had an experience a few years ago in which an auction ended on a Friday night and I won. Normally the buyer has 3-5 business days to contact the seller. When I got home (and to cell service) on Sunday night, I had about half a dozen voicemails and emails from the guy that started out bland but were spitting and snarling towards the end. Short of threatening, but totally uncouth.

I don't do business with (insert non-THR adjective here), and forwarded the emails to the GB staff... And never heard another peep about it.
I would suspect that you on the hook for the it is up to you to verify what you are buying.

I have bought a lot of guns off GB and never had problem...although, I am well aware that it could happen on the very next gun.

Good luck. probably would not have a problem selling that gun if you do not want it. There is a real good market for them in my area.
He's not on the hook. If what you bid on and won is not what the seller is going to ship you then don't buy it. Worst that can happen is you get banned from GB. Big deal. I doubt it though. You probably will get a bad feed back. I would never pay for or buy something that was misrepresented. Theres no leagle clause on these online sites.
Beg your pardon...he certainly is on the hook...he does not have to buy it... but his account will be terminated. Like I said...he IS on the hook.

His best bet is to try to resolve this with the seller, if he wants to have access to GB.
You can get "three strikes" on Gunbroker for not paying the seller.

If you really don't want to buy the gun, don't. You shouldn't get kicked off if this is your first time not paying. You'll get negative feedback from the seller most likely, but again you need 3 negative feedback ratings to get kicked off. You will probably get an "A" rating vs and "A+" rating but that shouldn't affect you're ability to make future sales, at least not too bad. Ask me how I know (or don't). :eek: :D
No idea. Maybe the seller had several items and made a mistake. Only used them for a gun once, back in '08.

To avoid similar or other problems, maybe the OP should switch to my only method these days: local FTF, and it's so much simpler. A few have been via Armslist.

Sold a CZ-82 handgun today in a parking lot.
Im not sure how GB works but if you didn't give anyone a credit card number and its not what was listed than DO NOT BUY IT. I have had instances like this with things. oh its this and when I do a lot of research or look at it its not it so im not buying something I don't want.

if you get banned from GB who cares just start another account with a different name. :D

no way in hell I would put out my money for something that wasn't right then have to waste my time and money to turn around and sell it because someone says im not doing the right thing because I bid on something on gb.
So the picture and description for the gun was the SU-16C but they are trying to ship you the 16CA? And GB thinks this is OK? How the heck is this any different then me posting a Glock 17 and shipping the buyer a goat? (If I follow the story correctly.)

If Gun Broker puts you on the hook for this I would never do business there again.
Don't pay the seller. He'll file a non paying bidder and wont have to pay his fees. You'll get a ding. Don't worry about it.
Couple things here.

First, don't bid on anything if you have important, and especially deal-breaking, questions you want answered. Once you start bidding, you're committing yourself to a deal if you end up with the winning bid, questions or no.

Second, if the firearm you bid on is, indeed, truly misrepresented or erroneously misrepresented, then those specific details should be very easy to prove in your defense. The way to do this is to quote the actual ad posted for the auction and provide any associated pictures related to the auction along with a clear and concise technical description of the differences between what was advertised and what was actually being sold. Screenshots while the auction page is still open to you would be a great help.

While in some cases it's a "buyer beware" market, clearly erroneous advertising of a product is something that is in Gunbroker's best interest to straighten out.


It may be possible that GB will side with the seller or that you'll end up with negative feedback for backing out of the deal. A one time event won't be a killer...and I believe GB has a way of challenging negative feedback, which you could do with clear evidence.

As someone else has already could go through with the deal anyway, then turn around and sell/trade it yourself and probably break even.

Up to you.
With all the back and forth comments on this post it is a bit confusing as to so some of the details. As I read it the gun was advertized as a Kel-Tec SU16C and that is the version you wanted. Then you say that the gun is in fact a Kel-Tec SU-16CA which is a simular model but with a distinctive differeent feature.

If that is true then you should have no problem explaining to GB and the seller why yoy do not want to complete the purchase of a misrepresented gun.

So what is the problem here ? The seller trying to hold you responsible for purchase when he misrepresented the gun, GB trying to get you to pay for a misrepresented gun ? This should not be hard to resolve if both the seller and GB have a clear understanding of what the difference is in the two models and why you want only the model that was advertised, and not a substitute or misrepresented item.
Note to all according to my GB account situation has been resolved.

Thank you all for your input!
I just checked my GB account and it said the issue has been resolved. My guess the seller realized that he made a mistake on the listing, other than that I feel I am not going to start poking it with a stick.
Good to know. Gonna bet seller made a mistake listing the gun and had to eat some crow with GB.

For fun watch and see if the seller lists a 16CA in the near future. :D
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