Buying a used gun from a dealer

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jim_mcnabb

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My wife and I went to a gun show yesterday. A dealer had a nice used Iver Johnson 22 revolver. The bores were bright and the cylinder locked up tight. We purchased it, took it home and after firing less than 20 shots it quit working. The hammer would not cock when pulled back.

We took the gun back to the gun show dealer along with our receipt and asked to return it. The dealer did accept it and return our check but he wasn't very friendly about it. His opinion was it was a used gun and no one should expect to be able to return it. Our view was he represented the gun as working, we purchased it in good faith and it failed immediately.

Were our expectations unreasonable?

Thank you.
 
jim_mcnabb My wife and I went to a gun show yesterday. A dealer had a nice used Iver Johnson 22 revolver. The bores were bright and the cylinder locked up tight. We purchased it, took it home and after firing less than 20 shots it quit working. The hammer would not cock when pulled back.

We took the gun back to the gun show dealer along with our receipt and asked to return it. The dealer did accept it and return our check but he wasn't very friendly about it. His opinion was it was a used gun and no one should expect to be able to return it. Our view was he represented the gun as working, we purchased it in good faith and it failed immediately.

Were our expectations unreasonable?
Click to expand...

I think so.

Did he say "it works fine" or "as far as i know it works" or did you just assume it was a perfect gun? Merely having a gun on the table for sale is not the same as "representing" that the gun is in working order. Most used guns are sold "as is", since virtually no dealer test fires every gun in inventory prior to sale.

You said yourself that the gun was "nice" and appeared in working order when you inspected it. Furthur, it worked several times when you fired it....how do you know that YOU didn't break something?:scrutiny: Failing to work on the first shot is much different than failing on the 19th.

If you want new gun performance and a warranty you should buy new guns.
 
I agree with the others. You got lucky. Unless it is expressly stated that there is a warranty with firing period all sales are assumed to be final. IMHO.

caveat emptor
 
You go very lucky. He sold you a gun that was in somewhat working condition and gave you your money back in nonworking condition.

It's like buying a used car after looking it over, driving it for a day, then returning it the next day if it doesn't start.

All sales should be "as is and final" unless there is an implied warranty by the seller.
 
I agree...you got lucky......I also think your wife may have done some persuading for you....yes/no? However since he gave you your money back right away he must have known it did not work right and rigged it up to work? Bad press travels quicker and farther than good. This is all just speculation though....:D.
 
I don't know if you got lucky. What I do know is that a seller of anything should have a policy of reasonable returns. Someone made an analogy of used car. Many years ago I had my own used car business. If someone had a problem with a car we sold, we fixed it. Sometimes we fixed the same thing in the same car until we got it right.

The idea that " hey you bought it, it's your worry now " is just plain wrong in my opinion.
 
I have to agree with Furncliff here. Any purchase that turns into a total lemon that quickly should be made right by the dealer you bought it from. It's not like you went out and put 5000 rounds through it during a torture test and it failed. I think it's clearly reasonable for a gun sold to you as a working firearm to work for more than half a box of ammo.

As for the car analogy I once bought a 1984 Corvette back in the day, after driving it for a few days the motor threw a rod through the bottom end. The dealer put a whole new engine in it for me. Customer service is the backbone of good business practice and it's how you get good word of mouth and repeat customers.
 
Furncliff said:
I don't know if you got lucky. What I do know is that a seller of anything should have a policy of reasonable returns. Someone made an analogy of used car. Many years ago I had my own used car business. If someone had a problem with a car we sold, we fixed it. Sometimes we fixed the same thing in the same car until we got it right.

The idea that " hey you bought it, it's your worry now " is just plain wrong in my opinion.
Click to expand...
Would you replace the engine and tranny in a car after several days?
 
used Guns are normally "all sales final". Anything past that is gravy. You made off well.

Used cars (in most states) are the same way. You drive it home, it breaks down, too bad for you! Its just how it works. Thats why its important to check the gun out well before you buy. If it fails then but meets specs, it could be just something minor.
 
Sorry guys, I'm with the OP on this one.

It breaks after 19 shots? Fishy-fishy...

...of course, assuming full used value was paid for the gun.

If it was sold at distressed value, "as is", that's another story.
 
I think you were very lucky the dealer accepted it back. Normally used guns are sold "as is" and it is up the the buyer to determine if it is functional. Gun Shops are usually more accomadating as they have their local reputation to deal with and the potential that you will do more business down the road.

Was this an antique? If it was, you are even luckier.
 
Some dealers are more willing to accept a return than others.
Cabela's makes buyers sign a statement that they're aware that the used gun is being sold as is with no warranty.
But some smaller dealers will stand behind their used guns. Unless it was explicitly sold as is or as a parts gun, some will give an implied 30 day warranty without anything written saying such. I think that whether some will accept a return or not can depend on the circumstances. They may not want to but they don't want to be accused of being a rip off either. Especially if they have a store or an ongoing business. Then it just becomes another business or gunsmithing expense.
I've returned guns within a short period of time and have had to take a loss on them as they only gave me "trade value".
I bought a similar Iver Johnson .22 revolver at a gun show that seemed to be in good shape. It shoots really great but 1 or 2 chambers out of 9 won't fire off every time.
I'm not complaining because it works and it can be fixed if I want to do that. I've found that when I've gotten burned with a less desirable gun then generally I'll find another gun deal at some point that will more than make up for it in both quality and price.
So you won this round but on another occasion you just might temporarily lose out. You showed that it's always worth trying to return the item. If he didn't accept it then maybe he would have given you credit toward another gun that he had for sale. Grudgingly or not, he took it back so it was your lucky day. :)
 
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I would say that unless it's clearly stated All Sales Final, then it should be reasonable to assume that all guns being sold are in proper working order. A good dealer should be checking over any used guns that come in to make sure they work correctly, and check them for damage. Mainly because these can affect on price, but also to ensure good customer service, by not selling someone junk without them knowing so before hand, and to ensure they don't get sued for any damage/harm done by a faulty firearm being sold as in good working order.

However; if I was the dealer I would have made it clear that any major malfunctions on the guns part would only receive credit towards another purchase. Mainly to protect myself from mishandling on the buyers end when using the gun.
 
It was working when you bought it...It worked 20 times and broke. IMO, you were very lucky he gave you your money back.
 
I buy used guns from our local pawn shop. They inspect and test fire every used gun they sell. If you buy a used gun there and have a problem within say 3-6 months they will exchange it for another gun of equal or greater value. That is the way it should be unless the gun is sold "as is".

Was your gun marked or sold "as is"? Probably not. He was just trying to pawn off a piece of junk as was mad he got called on it. Turd.
 
Glad you got your money back.

Next time talk about some sort of warranty with the dealer before purchasing and get it in writing on the receipt...just something brief with the seller's signature. If he refuses then move on to another dealer. Anyone who wants your business now and possibly in the future will extend you this courtesy, within reason (say within 7 days of purchase).
 
my expirience with used guns are all sales final with used cars its called the lemon law here in ohio. you have 24 hours if any major complication occurs it can be returned. after 24 hrs your on your own
 
at a gun show? you got lucky, at a pawn shop....depends. most i go to would trust me and let me return something i bought if it stoped working, but i have been frequenting the store for a good while now.
i would say you got really lucky at the gun shop.
did the gun fail on the 2nd shot? or a few after? imedatly to me says wouldent shoot on first/second shot.
PS really glad you got your money back.
 
We took the gun back to the gun show dealer along with our receipt and asked to return it.

Were our expectations unreasonable?
Click to expand...

I don't think it was unreasonable to ASK. What did you have to lose? At that point it was up to the seller to either give you your money back, or to say, "Sorry. All sales are final." He probably had every "right" to do that.

What he was annoyed at was being put in the position where he had to make the decision himself.
 
Every gun shop I have ever worked for has had a 72 hour used gun return policy.
If the gun fails or you decide it isn't your flavor of frosting you can bring it back for exchange, repair, or refund, at no costs to the buyer.

After 72 hours standard return and repair fees are charged.

Sounds like you met that requirement to me.

Sounds like the dealer upheld his end of the bargain too and was just venting off a little bit, probably a lousy show for him and he didn't need to deal with any returns.
 
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