got burned on deal. now what?

[rocket 442]

i bought an ak on another board & buyer misrepresented said rifle. the moderators are trying to sort it out , but nothing so far. seller insists it is 95% condition, more like 85-90%,also front trunnion is beat to hell inside & might have stress crack & have excessive headspace. i feel seller should refund my $$$ or pay to have said rifle repaired. seller lives in same state. trust me i'd like nothing more than to drive 4 1/2 hours & ram it up his ass. do i have any legal grounds to stand on or am i screwed?

[larry0071]

I would say your kind of screwed. The 90% thing or 95% thing is very subjective...

It falls under the buyer-beware kind of thing. Good luck with it, but my personal guess is that your going to need to fix it yourself if there is an issue.

Sorry Sir. I do hope everything works out well for your sake.

[rocket 442]

i even offered to ship it to the site administrator {he lives in the same state also] at my expense to render a decision.bought & sold on numerous boards & never a problem til now.WTF is this world coming to?

[Thomas M-4]

i even offered to ship it to the site administrator {he lives in the same state also] at my expense to render a decision.bought & sold on numerous boards & never a problem til now.WTF is this world coming to?

I worked with a guy for 5 years bought a car from him at one time also no problem. I had a brand new set of PRO Action aluminum heads new manley one piece valves matching springs and set of comp roller rockers all brand new in the box total investment $1600+ he bugged me every day for 6 months for me to sell him those heads. Finally we reached a deal he was going to give me a down payment with the balance do when his tax refund check came in which at the time should have been 2 months. The sorry SOB swapped JOBS 1 month after deal :mad: does not even cover it. Come to find out in the wash our boss Knew that he was changing jobs and did not tell me this news because he was running cover for the said dirt bag.
Feel your pain and anger.

[larry0071]

i even offered to ship it to the site administrator {he lives in the same state also] at my expense to render a decision.bought & sold on numerous boards & never a problem til now.WTF is this world coming to?

I don't see how the site owner or admin can really do any more than ask the guy nicely. the gun owner might be saying that some nut has his near perfect and very beautiful AK and is trying to return it for no good reasone.... and he may in fact believe that with all his heart and soul.

That is why I think it may well be a vry tough battle to win.

Once more, I do bid you good luck and hope for the best for you.

(PS. Next drive the 4.5 hous with cash in hand and look at it!)

[ST911]

If you're in the same state, file a small claim.

Depending on the item and value, I always ask for pics of a widget before the purchase to make sure I know what I'm getting. As another poster said, stated condition is subjective. Buying from known and vetted sellers helps, as does reading the contributions of the unknowns to see what level of assclownery you may be exposing yourself to.

I've been lucky with only 3-4 bad deals. Only once was by a known scammer I hadn't heard about. Ironically, the worst was by a long time poster on another board, who was both a vet and a cop. Another was also a long time poster who failed to deliver on part of his deal.

[rocket 442]

pics were posted. said he swapped out the stocks & put wood stock & furniture., didn't look bad in the pic but in person the stock was trash. also he apoligized for not cleaning it, it slipped his mind. took me 2 cans of brakeclean & 1 can pb blaster to clean it. wellco arms]ak rec. manufacturer & ak builder} is located in akron so i'm thinking my best bet is to let them see it & give a written appraisel & cond. & go from there

[TMMT]

+1

Same state, then contact small claims, files, have him/her served then go to court.

[rrpederson]

what a crappy deal. good luck with it bro.

[PMcMullen]

i bought an ak on another board & buyer misrepresented said rifle. the moderators are trying to sort it out , but nothing so far. seller insists it is 95% condition, more like 85-90%,also front trunnion is beat to hell inside & might have stress crack & have excessive headspace. i feel seller should refund my $$$ or pay to have said rifle repaired. seller lives in same state. trust me i'd like nothing more than to drive 4 1/2 hours & ram it up his ass. do i have any legal grounds to stand on or am i screwed?

Only recourse is small claims, but unless you can prove misrepresentation (in the legal definition) or outright fraud, or unless he screwed someone else that is willing to come forward, then in the absence of a contract that clearly defined your expectations, or an inspection/return period, its going to be tough. Sellers almost always over-estimate the condition of a gun, either deliberately or through ignorance.

Only other thing you can do is to name the seller in a post that objectively outlines what you expected and what you received, and let other people make up their minds about whether they want to deal with him in the future.

[chadbag]

Small Claims Court could be a good hammer to use in this. Being in the same state, it should be easy to get a judgment enforced. Since he is 4.5 hours away, he may just settle with you to avoid having to drive all that way (maybe more than once!) and if he does not show, you may get a judgment in your favor by default. (My understanding is that is how it usually works but I don't have a lot of experience in SCC -- only a little -- one was settled before and the other after an adjournment after the judge orders the original contract writer, who was in Texas, to appear -- this was in New Hampshire)

It is definitely a good hammer since most people are afraid of courts etc and won't want the hassle.