I sold a shotgun winchester 1400 to a guy, ship it to his FFL, he gets it and snaps the cocking handle bridge clean off. I get an email asking how are we going to handle this? I looked it up and found two places that have them for aobut $23. I asked if the box looked crushed or damaged. I had no issues prior to this with the shotgun. So, how do I handle this?
how do I handle this? (post sale issue)
- Thread starter fgr39
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Shotgun sold as is if you ask me, no warranty expressed or implied.
That being said, the right thing to do is probably direct the buyer to the most cost effective way to repair the weapon including sourcing a replacement part and guidance on how to make said repair.
That being said, the right thing to do is probably direct the buyer to the most cost effective way to repair the weapon including sourcing a replacement part and guidance on how to make said repair.
N003k
Member
Personally, and this is just my personal opinion...
If you knew of no issues with the gun, and were upfront about the condition as best you knew it to be, you aren't liable.
If there was damage to the packaging, then I hope you had it insured, and I'd go after the shipper.
If there was a problem you were iffy about and think you might have been negligent in not mentioning, and this could be a result, offer to fix it.
In the end, it's up to you, but if you were upfront about everything, then you should at least feel honest and like it isn't your fault in anyway, even if you DO choose to help fix it.
If you knew of no issues with the gun, and were upfront about the condition as best you knew it to be, you aren't liable.
If there was damage to the packaging, then I hope you had it insured, and I'd go after the shipper.
If there was a problem you were iffy about and think you might have been negligent in not mentioning, and this could be a result, offer to fix it.
In the end, it's up to you, but if you were upfront about everything, then you should at least feel honest and like it isn't your fault in anyway, even if you DO choose to help fix it.
Mike1234567
member
Hard to say but, for the $23, I'd probably just buy the bozo the part and have it shipped directly to him. But this is after being "conditioned" from years of being screwed on eBay both as a buyer and seller. Ya' gotta love our psychopathic society these days. BTW, I haven't done eBay in many years because I just can't "take it" anymore. I don't have the patience or the strength.
Twmaster
Member
How is it your fault he broke that Shottie?
Pietro Beretta
Member
As long as you described the item honestly and you know you were being honest to the buyer -- you don't need to do a thing.
However, if you feel you need to do something to correct the issue - do what you feel is necessary.
As a person in retail, as well as an ebayer -- as soon as you offer to help repair the item: you opened that can of beans and you will not get away from it until the buyer feels that you fixed the "problem."
The old saying, "the customer is always right," its a syndrome in my humble opinion.
However, if you feel you need to do something to correct the issue - do what you feel is necessary.
As a person in retail, as well as an ebayer -- as soon as you offer to help repair the item: you opened that can of beans and you will not get away from it until the buyer feels that you fixed the "problem."
The old saying, "the customer is always right," its a syndrome in my humble opinion.
Twmaster
Member
There. I fixed it for ya.
Your call but buying used is usally "as is" you have no idea what has happened since he has had it. Like others have said if there is some other issue damaged in shipping he should have told you that up front. At minumum I would give him the info of where to get the part, at most pay for the part.
Mike1234567
member
Reputations are damaged everyday by jerks who can't take advantage of another. I learned to, most of the time, negotiate or just give in and take the loss. When I bought/sold for profit I worked those losses into my trades both buying and selling. I grew very weary of all the cheats and abusers so I had to quit in order to retain whatever level of sanity I have left.
mgmorden
Member
I'd say you're not responsible. The gun was fine when it left - he broke it. Direct him to the replacement part.
45_auto
Member
How much is your reputation worth to you? Do you want to sell any more guns through the same advertising method you used for this one?
If you advertised it on any type of forum, gun auction site, Ebay, Craigslist, etc, then expect feedback from the buyer saying how you sold him a broken gun and wouldn't take care of it. Many buyers (myself included) won't buy from anyone with bad feedback.
If maintaining a good standing isn't worth $23 to you, don't worry about it. If your side of the story is true (we don't know the real story, only the seller's claim) the buyer is an a*ole.
If you want to continue to sell through the same methods in the future, consider the $23 a cost of doing business and send him a new part.
If you advertised it on any type of forum, gun auction site, Ebay, Craigslist, etc, then expect feedback from the buyer saying how you sold him a broken gun and wouldn't take care of it. Many buyers (myself included) won't buy from anyone with bad feedback.
If maintaining a good standing isn't worth $23 to you, don't worry about it. If your side of the story is true (we don't know the real story, only the seller's claim) the buyer is an a*ole.
If you want to continue to sell through the same methods in the future, consider the $23 a cost of doing business and send him a new part.
ATBackPackin
Member
That is how I feel. Obviously it is not your fault, so you have no responsibility to do anything, legally or morally. If it were me I would probably explain to him that it was fine when it left me so it's really it's not my responsibility. However, I would tell him that out of the kindness of my heart that I would split the cost of the part since it isn't expensive.
That is how I would handle it, but you have no responsibility legally or morally.
Shawn
cassandrasdaddy
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before i got too worked up i'd ask him what he thought was fair. i'd take it back and refund to avoid the hassle but in several decades of restaurant management i found asking them what they wanted to work. quite often they would ask for less than i was gonna give them and it let them feel like i was listening . ymmv
off the top of my head if i had to offer first i'd try something like "it was working when it left here and i wasn't there when it broke how about we split the cost of the part?" your out 12 bucks if he says yes. pay by check with the memo saying "payment in full to resolve problem with sale"
off the top of my head if i had to offer first i'd try something like "it was working when it left here and i wasn't there when it broke how about we split the cost of the part?" your out 12 bucks if he says yes. pay by check with the memo saying "payment in full to resolve problem with sale"
OP- I think offering to pay half is more than fair.
To some of the other posters- If you were the buyer and the gun broke the first time you shot it, loaded it, cocked it, whatever... Would you be so quick to say "well it was ok when he shipped it, guess I'll eat the cost to repair"
To some of the other posters- If you were the buyer and the gun broke the first time you shot it, loaded it, cocked it, whatever... Would you be so quick to say "well it was ok when he shipped it, guess I'll eat the cost to repair"
Mike1234567
member
Well, as I alluded to in my first reply in this thread, mine was a "conditioned response". Maybe the buyer has a legitimate argument. I don't know. But my experience is that 1/4 of populous will cheat you everytime they can and another 1/4 will cheat you if it's relatively convenient and another 1/4 will allow you to cheat yourself (fiscal error or whatever) and not correct you. So... maybe I was hard on the buyer.
kimberkid
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This is all I would do ... if he doesn't like it he can ship it back at his expense and give him a refund - original shipping and -15% for re-stocking
If it was damaged in shipping ... then I would give him the insurance info & reciept and let him deal with it.
After all ... it wasn't broke when you shipped it.
He broke his gun. You had nothing to do with it.
"Dear Sir. The gun was fine when I shipped it. I have no control over what you may have done after you accepted delivery."
I sold a Mercedes to a guy. It had been my personal vehicle for 13 years. After he bought it, within a couple of weeks the water pump went out. He felt like I should pay for it.
Funny, huh?
Mike1234567
member
Oh, for Pete's sake. Give me the guys address and I'LL send him the $23. LOL!!
ETA: I shouldn't post when I've been drinking. I'm a man of my word though. LOL!!
ETA: I shouldn't post when I've been drinking. I'm a man of my word though. LOL!!
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If he filled out the 4473 at the gunshop and took it home, it's his loss. If he was checking it over at the gunshop and it broke there, your fault.
I concur with the ebay feedback thing, though. I've gotten kicked enough times hard enough I just make the buyer happy even when it's not my responsibility to.
About three weeks ago, I sold a torch-cut revolver for parts on gunbroker. Some guy bought it for $23, thinking he could scavenge the mainspring and grips. Turns out it was a Spanish copy of a Colt '73, and the parts weren't interchangeable with a Colt, so he wrote me a furious email that I was selling junk advertised as Colt, and even though it was as-is no-refunds on $23 worth of torch-cut only-possibly-salvageable, demands I refund his money less shipping.
I refunded his entire amount, including shipping and gave him negative feedback with a description of why. At which point he wrote me terrible feedback for being a liar and a cheat, selling junk.
Sales would be a nice job if it wasn't for the customers...
I concur with the ebay feedback thing, though. I've gotten kicked enough times hard enough I just make the buyer happy even when it's not my responsibility to.
About three weeks ago, I sold a torch-cut revolver for parts on gunbroker. Some guy bought it for $23, thinking he could scavenge the mainspring and grips. Turns out it was a Spanish copy of a Colt '73, and the parts weren't interchangeable with a Colt, so he wrote me a furious email that I was selling junk advertised as Colt, and even though it was as-is no-refunds on $23 worth of torch-cut only-possibly-salvageable, demands I refund his money less shipping.
I refunded his entire amount, including shipping and gave him negative feedback with a description of why. At which point he wrote me terrible feedback for being a liar and a cheat, selling junk.
Sales would be a nice job if it wasn't for the customers...
Mike1234567
member
Vaarok,
Experiences like that are why I won't do eBay anymore. BTW, none of my international deals went like that. It was only domestic deals...
Experiences like that are why I won't do eBay anymore. BTW, none of my international deals went like that. It was only domestic deals...
I had the same happen. A month after I sold a guy a car, his wife calls up and says her husband was driving on a rough road and the tailpipe broke. And if I was an 'honest man, I would fix it for them.'
Private sales bring out the scammers, and their first trick is to try to impugn your honesty. He bought it, he broke it, you owe him nothing.
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