Bait and switch on GB, question

[Gunzilla]

So what laws have been violated by a seller (besides Mail and internet/ wire fraud) when a seller baits a buyer then sends a lesser quality gun of the same make and model?

Who do we contact to get those laws enforced? Can the BATF get involved or would would this be an issue for the Federal Trade Commission?

The story goes like this: My nephew wanted a H&K P7 PSP, we looked and found a nice one for a reasonable 'buy it now' price on GB, and he executed the purchase. Well when he went to his FFL to get it... it wasn't the same gun he bid on, so he didn't take possession of it.

The seller hasn't responded to any attempts to make contact, and actually had the nerve to relist the same P7 with a different background trying to auction it off before my nephew would realize it.

When we found that he was trying to resell it he executed the 'buy it now' option (again) to secure the P7 and to prevent it from being sold to another person.

To be sure the P7s are not alike, the grip on the one he was sent are different and the grip screws are really messed up on the one that was sent. The serial numbers are 17000 + apart and overall finish is obviously of a lesser quality.

Looking for some advice on how to proceed against this seller....to the point of reporting him to the BATF and the ATTY Generals Office....and beyond.

Thanks in advance.

[jt526]

There may be other posts here, but this is one resource (albeit directly related to paintball) that may be of help (http://www.pbnation.com/showthread.php?t=2725829) and what to have handy for the police http://www.pbnation.com/showthread.php?t=2031414.


But generally, you can file:

A) a police report
b) Mail fraud report (https://postalinspectors.uspis.gov/)
c) IC3 report (http://www.ic3.gov/default.aspx)

But also make sure you have your records and facts in order. I've seen a lot of buyer's not notice where in the fine print where it wasn't directly spelled out you were getting the exact thing pictured (picture representative.../buyer will receive one of like quality.../etc.).

[chadbag]

Complain to GunBroker as well.

[theJanitor]

hold on a minute. your nephew was a victim of a "bait and switch", or "fraud", and he legally entered ANOTHER legally binding agreement to buy ANOTHER gun from him?

Obviously, you need to look over your GB buyer's agreement, and see what you can do. I would also contact GB to report the seller, and shield other bidders from danger.

but seriously, why willingly commit to buying TWO guns from one crooked seller?

http://www.gunbroker.com/Auction/SellerProblemForm.asp

http://www.ftc.gov/bcp/edu/pubs/cons...ech/tec07.shtm

[LockenLoad]

There may be other posts here, but this is one resource (albeit directly related to paintball) that may be of help (http://www.pbnation.com/showthread.php?t=2725829) and what to have handy for the police http://www.pbnation.com/showthread.php?t=2031414.


But generally, you can file:

A) a police report
b) Mail fraud report (https://postalinspectors.uspis.gov/)
c) IC3 report (http://www.ic3.gov/default.aspx)

But also make sure you have your records and facts in order. I've seen a lot of buyer's not notice where in the fine print where it wasn't directly spelled out you were getting the exact thing pictured (picture representative.../buyer will receive one of like quality.../etc.).

guy is stupid mail fraud is federal and they have a 98% conviction rate, and no gain time to speak of

[SteyrAUG]

Wow, last time I had that happen to me I simply contacted the seller and worked it out.

In my case it was an accident, seller had many of the same kind of gun and didn't send me exactly the one I expected. I sent it back and he sent me the correct one, no need to contact the authorities.

In another case, happens a lot because all kinds of people sell guns on gunbroker, the auction used a "stock photo" and the gun that arrived was in much worse condition than described. Again I contacted the seller and we worked it out. I had the option of returning it for a full refund or I could keep it and accept a cash difference. The problem was the stocks were in much worse shape than described. As they weren't original to the gun I took a cash difference that got me 90% of the cost of replacement correct stocks for the gun. Didn't need to call the cops.

It sucks when you get something other than what you are expecting. This is why you look at how long the person has been selling and what kind of feedback they have. If they are a new seller with feedbacks only for small price items there is a possibility you could end up with some garage sale quality junk that somebody really believes is worth what they are selling it for.

Go through the Gunbroker "Problem with seller" procedure and get it worked out.

[Artos]

bummer...I've been wheelin on gb for years and met some really cool folks. All have been stand up. I do have a handful of blocked users for some really weird email exchanges but none involved a transaction.

Are you sure he changed user names...gb should be all over this.

What was his feedback like??

[Gunzilla]

First I want to thank everyone for there for their input, it's much appreciated and some has confirmed my beliefs that he committed a felony....at the very least mail fraud.

To address a few points:

His feedback was zero, he was new to GB. That being said we're talking about a firearms deal and the last thing you would expect from a licensed FFL is shady dealings.....now fleabay is another matter.

Using the 'buy it now' option on the 2nd auction merely secured the weapon from being sold to another. My feelings towards a second binding contract is that is a moot point with the wrong weapon being shipped. One contract had already been violated. My nephew bought that gun already so he was not obliged to buy a second P7 when he didn't get the one he was supposed to. If it were me I would have made it my mission to see that he never sold it on GB, I would have used the BIN option every time I would have seen it come up on GB.

GB first stated that my nephew would be responsible for the second auction, but that was before they saw the pictures of the 'shipped ' P7 which had different grips and messed up grip screws.....and was clearly not the same gun my nephew won in the auction.

GREAT NEWS, the seller finally contacted my nephew (after GB contacted him) and based on his response he knew he sent the wrong P7. After some thought I'll bet he realized that he could be in some really hot water and thought he'd like to keep his FFL and remain a free man. He said he would make it right and send the correct P7.

Hard to believe that he would do all this to gain a mere $80 over the selling price my nephew paid, providing that someone would have ended the second auction with the 'buy it now" option. Having sold the same gun to 2 different buyer is bad, but not as bad as selling the same house to 2 different buyers......like I've seen Real Estate agents try to do.

Thanks again!!!


....on a side note, I brought this up on the GB forum and they didn't like my questions....so much so that they locked my thread before anyone could respond. Looks like the folks at GB have a pretty thin skin....... when it comes to wrong-doing on their site.