advise?

[cal7.62x39]

I've got a family member that got a gun off of a classifieds site. He took it to the range two days after purchase and the gun will not fire. He dropped 800 on the firearm and ammo. He has the phone number, emails, and first name of the person he bought it from. After a few calls and emails the person who sold it to him has appologised and advised it was a used gun that he got in a trade and never fired it himself. The seller then stated that there were no warranties expressed or implied and the sale is final and has since changed his number and stoped responding to emails. My relative stated that in one email the seller stated that it fed,fired, and ejected as it should. Is there any real legal ramifications or path my relative can take? Any way to track the ip address of the persons cell phone find out the new number etc? Thanks for any advise I can forward on to him.

 

[Dukester]

I'm not a lawyer, but methinks ye be screwed.

 

[caojyn]

nothing you can do legally, now illegally...

 

[Spata]

What gun, what problems?

 

[Arin Morris]

My advise... take it to a gunsmith.

 

[excat]

I've been screwed before in a situation kinda like this. Nothing you can do. Unless there is a guarantee or warranty expressed verbal or written (verbal agreements do hold true, but it is up to a judge if they believe the verbal agreement did happen, and it becomes a he said/she said pissing match), you can't do anything about it. If he wanted to pursue anything, he would have to take it to civil court.

If the manufacture has a good warranty, send it off, fix it, and remember the lesson learned.

 

[cal7.62x39]

The only thing is in an email the seller stated that it fed fired and ejected as it should. Would that be a verbal warranty or guarantee?

 

[nofearfactor]

Fix it and go on, you arent going to get any money back from that guy.

 

[caojyn]

you'll end up spending more on the trial than to fix the gun

 

[excat]

The only thing is in an email the seller stated that it fed fired and ejected as it should. Would that be a verbal warranty or guarantee?

I wouldn't think so. A warranty/guarantee is expressed as what it is. Just because he fired it potentially "once" and it worked, and then it didn't for the guy that bought it, doesn't make him liable.

I got screwed on a car I bought once, and looked into all this. Yeah, the car ran, long enough to drive it away, then 5 min later, with 0 water in, car over heated...had a cracked head. Met on a cool day, so on test drive, it wouldn't over heat on a short drive... <----screwed, no biggie to me cuz i fixed it, and still made money on the car, but i wanted the punk to pay for being a punk.

Some things just aren't worth it. Some of the lessons the honest guys learn along the way.