Three Day inspection period Starts ???

[RCArms.com]

Why offer a 3 day inspection and not honor it ??? How can inspection period begin when it is not in my hands ??? I just asked online because I do not understand how an inspection period begins before I see the gun. That is all I am asking !!! I didn't wait five years. I picked the rifle up as soon as I physically could. I do not even offer an inspection period when I sell a gun but I would definitely offer to return the buyers money if buyer had a problem with it. Yeah.......Sounds like a threat of legal action to me also. I will refrain from further actions though. Just was asking advice from people who may know more about this than I do. Thanks............Oh............I would gladly pay shipping and give seller $100 for his trouble.

You had the rifle in your physical possession for over 51 hours and allowed the three day inspection period to expire before you contacted me wanting to return the rifle.

It is the buyers responsibility to inspect the firearm within the inspection period and advise of any issues or return requests before the inspection period expires and the sale becomes final. You had this opportunity being that you picked it up on Day 2 of inspection period, but with no contact by either email or phone, you chose to let the inspection period expire on Saturday.

The rest of the issues surrounding this are related to the string of unpleasant emails and forum postings which have pretty much played out.

I'm sorry that you are disappointed, but I had no part of your choices to bid on the auction or your method of inspection or communication. It's a fine rifle and a rare variation of the Winchester Garand and if you choose to re-sell it, I'm guessing that the right buyer will come along wanting to add it to their collection.

Don

 

[RCArms.com]

I just looked at the acution- what was WRONG with the rifle?? The seller had pictures of every nick and scratch and the parts seem to be all legit and operational. Garands are old enough for social security and Winchester Garands are not common at all. I'd call that one "Correct" grade, and if everything is at it seems in the photos your price paid is not out of line.

According to the email that I received, the return request was because the receiver heel markings were hard to see and the finish was not green enough.

Don

 

[RCArms.com]

Well, there are three sides to every story: plaintiff's, defendant's and the truth which is somewhere in between. I am very interested in hearing FMJMIKE's response....

and I notice RCArms.com felt the need to edit his original post too.....

Like two little kids poking at each other on the playground.

I edited my post in the same fashion yours was edited. Evidentially can't spell and I reworded the body so read slightly better.

As for a reply from FMJMIKE, the reply you see here is VASTLY different that the email I received and if you're interested I'd be happy to forward them to you.

Have a pleasant day.

Don

 

[mdauben]

Sorry Mike, your inspection period was three days after the rifle was received. I understand you work long hours and it's a long way away, but you needed to be more proactive when "time is of the essence" in cases like this. Either you do what you have to do to get the rifle or else you accept that it's a done deal. I hear that you are frustrated and angry. That sort of emotion does not translate well on the internet.

Sorry, I call BS on this.

Its not like it was weeks later, there was an entirely reasonable delay between the the gun being 'recieved' by the FFL and the time the actual buyer was able to 'recieve' the gun. Heck, some FFLs take longer than that to get a transfer gun logged in! If the seller is going to nit pick over the semantics of the word 'recieved' he's just trying to get out of paying a legitimate refund and he deserves negative rating and the buyer should have no guilt about following any other recourses he may have to recover his money.

 

[Jeff H]

Sounds like buyers remorse to me. I think the guys on AR15.com were spot on. There were a ton of pictures in that ad and have provided us with nothing to back up your fraud claim.

 

[oneounceload]

Since he had it during the actual inspection time and still didn't contact the seller, the buyer is in the wrong - no refund is due. I agree, sounds like buyer's remorse

 

[NavyLCDR]

Why offer a 3 day inspection and not honor it ???

Seriously?!? Why set a 3 day limit on it if the buyer is going to get to choose when it starts?

Let's say my wife buys a camera for my birthday. She gets it on sale a month before my birthday and hides it away in the closet. Some people do Christmas shopping two or three months before Christmas. Camera has a ninety day warranty on it. 30 days after she buys it, I get it for my birthday. 70 days after my birthday, camera quits working. What do you think? Still in warranty at 100 days after the purchase just because I only had it in my possession and out of the box for 70 days?

 

[Al Thompson]

Just a friendly reminder, keep it civil. I've seen heat-of-the-moment remarks lead to getting banned.

Lets not do that.

 

[bikerdoc]

How about the two parties concerned take this private.
I find you both to be gentlemen I respect. lets keep it that way.

 

[dogtown tom]

NavyLCDR

Quote:
Originally Posted by FMJMIKE
Why offer a 3 day inspection and not honor it ???

Seriously?!? Why set a 3 day limit on it if the buyer is going to get to choose when it starts?

Yes, Seriously.
The seller's "three day inspection" does not specify that it starts on delivery to the dealer......it says: "Three Days from the date the item is received"

-The seller thinks the "three day inspection" begins when the gun arrives at the receiving dealer.

-The buyer thinks the "three day inspection" begins when he receives the firearm after completing the 4473/NICS and the firearm is transferred to him.

The sellers "three day inspection" criteria are not stated clearly in the auction as to when the "three days" begins. "Three Days from the date the item is received" is too vague to have any meaning.

Any attorney on the forum feel free to chime in with an explanation of "meeting of the minds".


IMHO an inspection period is to allow the buyer time to examine the firearm....which is pretty difficult to do until the firearm is actually in your possession. Doing a detailed exam at the dealers shop may be possible, IF the dealer allows you to strip the gun and examine it there.....thats if your dealer allows it. I DON'T allow people to detail strip their firearm at my dining room table....do that at your house.

Two things to learn from this nightmare:
1. If you are a dealer- make darn sure your inspection policy is clear as to when it begins.......this one isn't.
2. If you are a buyer- make darn sure you know when the seller's inspection period begins.....if it isn't clearly stated...confirm before you bid.

 

[RCArms.com]

How about the two parties concerned take this private.
I find you both to be gentlemen I respect. lets keep it that way.

I consider the matter closed. I chose to reply to this thread solely because I was directly involved and not all the information was being presented.

 

[pseudonymity]

Seriously?!? Why set a 3 day limit on it if the buyer is going to get to choose when it starts?

Let's say my wife buys a camera for my birthday. She gets it on sale a month before my birthday and hides it away in the closet. Some people do Christmas shopping two or three months before Christmas. Camera has a ninety day warranty on it. 30 days after she buys it, I get it for my birthday. 70 days after my birthday, camera quits working. What do you think? Still in warranty at 100 days after the purchase just because I only had it in my possession and out of the box for 70 days?

I have to respectfully disagree with you here. Your wife has 90 days to verify that the camera functions properly - she is the purchaser, the fact that the camera is intended as a gift is not really relevant.

If she put the camera on layaway where it was physically out of her possession, the warranty would start when she physically took possession of the camera - when the sale was completed.

Both parties accepted that the item would be held in physical possession by a neutral third party, and the terms were unclear. The same argument would apply if the inspection period started when the seller shipped the item but the carrier was delayed in delivery.

I think the combination of absolute time limit from ship date and shorter time frame from physical receipt by the buyer would be a better policy.

 

[TAKtical]

3 days seems a little short to me but the buyer agreed to it.

 

[Bubbles]

Doing a detailed exam at the dealers shop may be possible, IF the dealer allows you to strip the gun and examine it there.....thats if your dealer allows it. I DON'T allow people to detail strip their firearm at my dining room table....do that at your house.

And we'll hand the tools to the buyer for the tear-down if needed... but not at my dining room table.

 

[larryh1108]

54 pictures and his complaint was about cosmetics? He didn't notice within 24 hours? I agree that it sounds like a case of buyer's remorse.

 

[Art Eatman]

I've read through this thread. Closed on account of Moderator's Remorse.