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What's the Dealer's responsibility?

Discussion in 'General Gun Discussions' started by BigN, Dec 28, 2011.

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  1. BigN

    BigN Member

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    I bought a new handgun in March of this year. It's now disabled again and heading back to the manufacturer for repair, for the 4th time this year. This time, in addition to locking up at the range, the firing pin blew out and hit me in the face. I'm done with the gun. What's the dealer's responsibility for a replacement for this gun? By the way, it's a Taurus Tracker in 44 mag and it's been a nightmare. I don't want the gun back but I do need a 44 replacement, of another brand. Should he take this back as new? Give me credit for another? I want to know what my options are before I go back to his shop.
     
  2. heeler

    heeler Member

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    Zero.
    My dealer clearly has a sign on the wall that problems with a firearm is between the buyer and the manufacturer.
    A good dealer may help in sending it back for repairs to keep the cost down to you if the maker wont send you a prepaid shipping label.
    I ran into this issue with my Diamondback 380.
    Fortunately DB's customer service is really great and they sent me the prepaid UPS labels three times.
    Not sure about Taurus.
     
  3. Remllez

    Remllez Member

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    The dealer may act as an intermediary on your behalf but I'm not sure he's legally obligated to do much of anything....He isn't the manufacturer, just a reseller so unfortunately you may be stuck with the Taurus warranty department.
     
  4. AABEN

    AABEN Member

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    Sounds like you were using hot loads.
     
  5. BigN

    BigN Member

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    There were no hot loads. When all this lock up started, I was using 240 gr with mid range loads. I figured I'd get some 180's and try some mild loads, that's what I was using yesterday. It won't even shoot those.
     
  6. Hk Dan

    Hk Dan Member

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    Man, I hate to be harsh, but you bought a Taurus.

    Complaining about trips back to the factory is a little like buying a Lorcin and complaining about reliability and fit and finish. Mine went back 3 times before I deemed it "right" and sold it.

    No, the dealer doesn't have any responsibility in your situation. You bought a turd and are complaining that it smells bad. Now the dealer knew that it smelled bad and if he didn't give you an olafactory warning ahead of time I wouldn't buy from him again, but his job is over once the gun is in your hands. Now it's between you and the turd maker.
     
  7. Davek1977

    Davek1977 Member

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    I'm sorry about your situation, but the dealer has no real obligation here. He certainly isn't obligated to buy it back at full price, or at any price.
     
  8. Bubbles

    Bubbles Member

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    While the dealer has no obligation to take it back, there is at least one distributor (Davidson's?) that will let dealers return firearms with problems for a free replacement. So, it may be worth checking to see if your dealer purchased it from them. Otherwise you need to work it out with the manufacturer.
     
  9. BobTheTomato

    BobTheTomato Member

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    As others have suggested, a good dealer will be a go between with the mfg. This service would be the benefit of buying local.
     
  10. Sam1911

    Sam1911 Moderator

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    There are two threads on Taurus guns right now ("What's Wrong with Taurus?" (closed) and "What's Right with Taurus?" (open)) where members are sharing their Taurus customer service experiences.

    One of the members who posted carried the fight way up the chain and got the company to make good on a situation like yours. He might have some advice to share.

    I'll try to find his posts so you can learn from his work.

    (Found it: http://www.thehighroad.org/showpost.php?p=7811537&postcount=126)
     
    Last edited: Dec 28, 2011
  11. JohnJak

    JohnJak Member

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    Dealer sold it, Taurus made it.
     
  12. Loosedhorse

    Loosedhorse member

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    +1

    Most dealers like customers, and out of courtesy will help in whatever way they can--call the manufacturer rep, etc. (Like most of us, his motivation to help may suffer if he receives a lot of "what you need to do" attitude from the customer.) Some dealers have more pull than others. But it is the manufacturer that warranties the product.

    Used guns can be different, with the shop sometimes offering a brief "test" period (if it doesn't work, they reverse the sale); and less often selling the gun "as is" (translation: you're stuck, sucker--caveat emptor).
     
  13. Paris

    Paris Member

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    Those saying strictly no might not be completely correct.

    The questions to answer are: Did the dealer offer a warranty outside of what the factory offers? What is the dealer's exchange policy?

    You need to find those things out.
     
  14. Robert

    Robert Moderator Staff Member

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    No. The return policy is probably something along the lines of X days AND unfired. Both of which has long since passed. Now if he is a reasonable seller he will assist in working with the manufacturer to get the issues resolved, but he really does not "owe" you anything.
     
  15. dev_null

    dev_null Member

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    Out of curiosity, anyone know if lemon laws apply to the mfg here?
     
  16. bigfatdave

    bigfatdave Member

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    why should they?

    do you really want big daddy government to step in and deal with every industry?
     
  17. MistWolf

    MistWolf Member

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    This is not the dealer's fault. But it wouldn't hurt to talk to the dealer in a friendly and professional manner. Who knows, the dealer might work out a killer deal with you.

    Put the pressure on Taurus. Tell them you want a new pistol. You can then sell the pistol or see if the dealer will give you a good trade-in on it. (It's likely that the price they give you for trade-in will be significantly less than what you paid. They have to make money on it when they re-sell it)
     
  18. essayons21

    essayons21 Member

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    While the dealer has no responsibility, it won't hurt to bring to them the issues you are having. They may be upstanding and help you out, whether with a refund, exchange, or maybe just some help with the Taurus warranty department.
     
  19. InkEd

    InkEd Member

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    Contact them and tell the manufacturer you want a new gun. You may be able to get a different model from them. The dealer owes you nothing.
     
  20. NavyLCDR

    NavyLCDR member

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    Dealer's responsibility =




    Note: there is nothing past the equal sign.
     
  21. BigN

    BigN Member

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    I sent the gun back to Taurus yesterday. When it comes back repaired, it'll be traded in on whatever strikes my fancy.
     
  22. Ryanxia

    Ryanxia Member

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    Dealer responsibility is zero.

    I'm surprised, I hear these horror stories of Taurus but have owned several and never had any real issues with the exception of sending something in twice and having it come back flawless (take that as you may but that's pretty good in my book).
     
  23. Hit_Factor

    Hit_Factor Member

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    If the dealer is a factory authorized repair center (like a new car dealer) they will be reimbursed for the repair by the manufacturer.

    If they are not, everything the LGS does for you is more than required.

    You may ship your gun in for service without involving an FFL holder.

    If you involve the Dealer in the problem resolution he will incur some kind of costs. To recoup those costs he might have to charge a little more for the items he sells.

    For the vast majority of LGS the buyer has a warranty with the manufacturer, not the dealer.

    If the manufacturer ends up sending you a new gun it will require transfer to you. So offer to pay the transfer fee. The dealer will have paperwork time, and a lifetime of storing that paperwork. Not to mention he has a business (one of several gaols is to make money), license to help you, maybe an SBA loan to pay, rent, utilities ect.
     
    Last edited: Dec 29, 2011
  24. Remllez

    Remllez Member

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    BigN,

    Please tell us that Taurus is at least paying the charges to send this thing back all FOUR TIMES! I would be adamant they sent me a new gun, if they can't get it right after three times plus it injured you the last time that's the least a decent company can do.
     
  25. BigN

    BigN Member

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    The first 3 times I returned it through the LGS at their expense, and this time I called Taurus directly and they sent me shipping labels for FEDEX at their expense. So, I didn't pay for shipping for any of these trips.
     
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