Sold Pistol. New Owner Missing?

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Wags

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Dec 4, 2004
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On the lake Ohio
Two and a half months ago I sold on another gun forum a pistol I had listed. Struck deal with buyer (same state, OH) who said they would drive to my area of state to meet for a FTF transaction. Money Order received and cashed. I left phone messages and emails saying funds received, when do you want to meet for final pick up? I haven't heard anything since? Pistol is safe and sound in my gun safe, but I want it out.

I do have owners phone, home and email address, but you'd think the buyer would of contacted me earlier after leaving phone messages and emails. What would you do after my attempts are ignored this long?
 
Wags,

Maybe he is in jail. Return his money, find someone more responsible to do business with.

My two cents. . .
 
Are they still active on the forum? That may be another option.

I guess I have no idea where the law stands on this one. Realistically, you may never hear from him again.

I guess the only option would be to resell it but be prepared to repay him to avoid any legal action. That is a tough situation.
 
If it's been that long since you've heard from the buyer, I'd send them a registered letter stating that they have X amount of time to make contact or you'll be returning their funds and canceling the deal. If still no contact, send back the funds in such a way that you can prove that they were returned, and put the gun up for sale again.
 
Gives a person a funny feeling. Sounds like the phoneline is still hooked up though. Perhaps other things are of more personal importance at the moment. I'd send a certified letter stating a final deadline for exchange. If he/she responded much later, and wanted a refund I'd keep up to 25%, based upon their circumstances. Good luck with it all.
 
I wouldn't refund the money unless you have the original money order you can return. If you've cashed the money order, sit on the funds until you hear from the buyer. You really should be okay after a couple of months, but there are circumstances under which it could take 6-8 weeks or more before you find out the check is returned for non-payment. (I've seen it happen.)

Sounds to me like the most likely thing is that the buyer was in an accident or worse, or perhaps has been jailed or some such. Or, maybe the buyer is a prohibited person and simply lost his nerve to complete the transaction.

Personally, I've never had a buyer send payment for a FTF transaction. That would have my guard up to start with. Why not just pay cash in person?

-Matt
 
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Could always call the cops in his town and see if they have him on record for going to the hospital, jail, etc like others have mentioned. That would probably be the easiest route just to find out if something happened to him.
 
Well you do have his money already AND the firearm. There might be a problem on his end for sure. He should have the sense to contact you if he is able. At least you know where the firearm is and it's not being hurt or abused in case of problems. I would send a registered letter stating that he has so long (say 30 days) to respond or you will have to deal with it by reselling it or such. Bet you get some answer to your question.
 
you're obviously an honest guy, or else you wouldn't be here asking for advice on the right thing to do. :)

if you do decide to give him his money back, just get one of those US post office money orders so there's a record of it. i would give him some more time before pursuing that option though.
 
Just call the guy. That would be the ethical thing to do. It sounds like he may have had a heart attack or something. If he is dead the gun rightfully belongs to his widow. Maybe he was in an accident. My wifes grandfather for example, had a car wreck and spent several weeks in the hospital with a broken hip a while back.
 
If you end up having to return the money, get a cashiers check. The bank will print the payees name on it, and you'll have the dated receipt showing that. Send it via registered mail.
 
Exactly what sort of check was it? It may have been a fake and he's waiting to see if it is detected. Sit tight and let it come to you, but document your efforts made to contact him. Just write down when you tried, and how. You wouldn't believe how good the USPS fakes are right now.
 
Wags, just wondering, did you CASH the money order or deposit it? Your bank could reverse a deposit in case of fraud (you lose) but not if it was cashed.

I would send a certified letter with return receipt. If it is not signed for, it will be returned to you, so you know nobody is home, and just hang onto it. If somebody signs for it, you have done your part.

You have a name, try Googling it, you never know.
 
I would be very worried about returning the money. If he suddenly comes forward with a sob story, even might offer to let you keep some of the money in return for giving him back some cash, I would contact the authorities.

What they do is have you cash a fake check and then give them the money. When the bank detects it as fake, days to months later, you are on the hook.
 
Don't send the "money" back -- if you can't find the guy it will go into the ether. Determine what happened to the guy. If you can't, you simply owe him the money. In fact, maybe put it into a savings account with interest and no charges -- it really is his but what can you be expected to do? Someday, you can declare it abandoned, and it'll be yours as an unclaimed fund...
 
Tough call. Maybe you should drive out there if it is not to far. Doing the right thing won't hurt you. And you are doing it. It would suck if he is in the hospital and can't make it. Perhaps the gun might cheer him up?
 
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