Need advice regarding liability for online gun sales?

[Redsnake]

I could use a little advice. I recently had an online sale for a nice 1911 that was not well received by the buyer. He's claiming that I misrepresented the pistol and that my pictures were somehow misleading 'fake'. We had several emails back and forth and even spoke on the phone. He asked about slide to frame fit which I described as "Frame to slide fit is really good. Not overly tight but not loose at all. Very slight movement when twisting the slide & I'm really being critical here" and also told him it was not a new pistol. I've had pistols that were tighter and looser, but I also tried my best to describe the condition of the pistol. He has several high-end firearms and I believe he felt this one should be near perfect... which it is not and was never described as such.

Also he said the front strap checkering has damage... as what would happen if firing the pistol w/a ring on the strong hand. That damage did not come from me and I sent him pictures prior to shipping which also show zero damage. Now he's saying that I blatantly lied and those pics where 'old' which is not true. I don't know if the shipper or handler or FFL receiver may have done this, but I guarantee is wasn't that way when it left my hands.

He is now demanding that I agree to a full refund. I never offered a refund if not happy in my for sale postings and this was an as-is sale. I also told him as much and now he's giving me a 24 hr warning to change my mind or "steps will be taken" ...

What would you do if you were in my position? Am I liable? Can he somehow sues or do anything to try and get a refund? At this point I'm not keen at all in doing anything other than a Face To Face transaction for any sales anymore.

I have a stellar reputation and have done many online sales and purchases and have never been accused of this or had problems before.

Thanks for any info you might have.

 

[COZICAN]

If it were me...and I am not a lawyer; I would print out every thing I had and tell him to start stepping.

 

[SMS]

If you are confident of your description and he is being overly picky, then close your deal and cease communication. If you didn't offer a "refund if not satisfied" then there is none implied. As a buyer, an online deal comes with risks. You answered his questions and provided pictures.

If your online "rating" matters a lot to you then you could give him his money back, but you aren't going to please everyone.

 

[Redsnake]

Thanks for the information! My main concern is if he could sue and win. I hate to hire a lawyer for a $2K pistol as it would cost a lot more than that in attorney fees.

I also had this gun priced appropriately due to the fact is wasn't as-new and had been shot and carried.

From what I gather... his main gripe is that the frame to slide fit isn't tight enough and that was his main question. He did ask specifically about that and I examined the pistol and gave him the best advice I could. This one is not as tight a 'fit' as a couple other pistols I have that are 'customs' but it's not as 'loose' or 'sloppy' a fit as a couple factory 1911's that I have that've been shot a lot. NEVER did I imply or state the pistol was flawless or perfect. I even pointed out the rear main-strap housing that had been modified along w/the dim night sights and the holster wear along the front of the frame from carrying. The issues w/the front strap checkering I can't answer as when it left my hand it had no damage and was as-pictured in several of the pics I sent him and still have. See pic below:



I have a stellar online "rating" on all the forums I frequent so it does matter... but if all he can do is bad-mouth me on a forum that may be something I can deal with. The transaction was the result of using Armslist and I've only done a couple transactions there over many many years.

 

[rlongnt]

If you are 100% sure you represented it completely factual and there were no issues tell him to pound sand and stop calling you. I sold something last year I really loved and didn't want to sell but I needed the cash. This item was in 99%+ condition. The guy called me a week later and claimed his gunsmith said it had ten times the rounds I know were ever shot through it and that I had fed it lots of steel case and ruined the chamber so now it won't cycle. All of the above was complete bull. Anyone who has ever bought anything from me here knows just how anal I can be. Also, I've NEVER bought any steel cased ammo for anything other than 7.62X39 so that was complete B.S. The thought that someone was questioning my integrity really bothered me until I figured out what was going on. It was an attempt by the a-hole that bought it to get me to deal with his own buyers remorse for spending so much money on a platform he knew nothing about. That was the last time I'll ever sell on Armslist!

Now I'll only sell here on OSA or to a dealer on trade "even at a loss if need be" so I don't have to deal with dumb-a$$es.

 

[Redsnake]

If you are 100% sure you represented it completely factual and there were no issues tell him to pound sand and stop calling you.

That was the LAST and final time I'll ever sell on Armslist!

Now I'll only sell here on OSA or to a dealer on trade even at a loss if need be so I don't have to deal with dumb-a$$es.

I did my best to describe this pistol to him and did not try and hide anything. However I get the feeling we may have been talking apples to oranges in what he wanted but I did my best to answer any questions he asked me. He was almost overly pushy with questions and picture requests... which I answered and was honest with.

I'm thinking I may be done w/ Armslist as well... I do still have my other nice 1911 listed but have since revised the listing w/several CYA notes in case this happens again.

rlongnt... how'd your issues turn out? Did you refund this persons money or just tell him to pound sand and that was that?

Thanks again all... I really appreciate the info.

 

[SMS]

Did he provide specs? Nope. He asked for a subjective description which you provided in good faith. You offered no guarantee and none is implied.

Walk away. He won't be suing...he's trying to bully/frighten you.

 

[rlongnt]

He stopped calling after I called his bluff. I was mostly irritated with myself for allowing him to suck me into his game for a couple of days. 99% of the people I've dealt with were good people but that 1% can really be a pain. Good luck with your deal.

 

[Redsnake]

Did he provide specs? Nope. He asked for a subjective description which you provided in good faith. You offered no guarantee and none is implied.

Walk away. He won't be suing...he's trying to bully/frighten you.

Thanks for the info. This describes exactly what I was feeling/thinking but wasn't sure how to words... "subjective description which 'I' provided in good faith" ...

I'll see what he says in the reply to my email this morning. :/

 

[Shootin 4 Fun]

How did he pay you? Credit card? Paypal? Cash?

With CC or PP he can probably get his money back without suing you.