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KnowYourRights
KnowYourRights, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23978
Experience:  Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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I trade a gun gun. After the trade i find out from a

Customer Question

i trade a gun for another gun. After the trade i find out from a gunsmith the firearm i received was modified to repair a part. After hearing the firearm might not be safe i got in contact with the original owner to get a refund. He already sold the firearm i traded with him. Do i have any legal actions that can be taken place to hold him responsible for the redund? Located in florida private sale
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  KnowYourRights replied 6 months ago.

Good morning. Was there any representation made about the condition of the gun? Did you ask if it was original? How did you find this person to trade with?

Customer: replied 6 months ago.
He only said he shot it 5 times and it worked fine. The gun will still work just unsafe because it can come apart. Found through Facebook
Expert:  KnowYourRights replied 6 months ago.

Thank you for the additional information. When a trade like this takes place, the parties take the guns "as is". By that, I mean they take the gun in its currents condition and prior to making the trade are required to perform their due diligence and inspect the gun and/or ask questions, if there are concerns. Saying he shot it 5 times and it worked fine, does not represent that the gun was in its original condition and has never been modified. It does seem odd that if he fired it only 5 times, that the gun would need to be repaired, so it would need to at least be questioned and known, if he was even the original owner. I say that because if he was, there would have been no need to repair a part. Now, you can take it and have it looked at, to determine if it is safe and if it is not, what needs to be done to secure the part, so it does not come apart. You could then go and demand from him, the cost of the repair, advising that you relied on his representation that the gun worked fine, when it is fact did not, as a result of this. If you were to sue him, you would need to show that he knew of the modification and misrepresented to you the condition and quality of it.

Customer: replied 6 months ago.
The gun is 35 years old and passed through a few hands. He only shot 5 times due to brief time owning it. So basically because I didnt ask if it was in original condition i basically screwed myself?
Expert:  KnowYourRights replied 6 months ago.

A buyer always needs to be aware and perform their due diligence. If they fail to do so, then they could rely on representations made, if any, in the purchase. In this case, if nothing was never asked or disclosed, it would be hard to go back and sue him claiming he did anything wrong or even knew there was an issue with the gun. If it is 35 years old and has had a few owners, a buyer should look into and ask to inspect the gun and take it to a third party, if needed.

Customer: replied 6 months ago.
The guy is saying he will sue me for harassment because I keep contacting him.. can that happen?
Expert:  KnowYourRights replied 6 months ago.

Highly unlikely. I have provided a link to the florida statute below, for you to review, which shows what would amount to this. There is nothing wrong with trying to settle this but if he refuses and says to no longer contact him, then you would need to sue.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html

Customer: replied 6 months ago.
But seeing as how he never claimed it was in original condition and the fact it is an older used gun my chances of it coming out in my favor are probably slim. Would it be more costly to try and take him to court? Its valued under $1000.
Customer: replied 6 months ago.
Also he did try to trade me back for a trailer he traded my gun for. And also tried to do another trade for the firearm. But neither are of equal value to the gun i traded
Expert:  KnowYourRights replied 6 months ago.

Thank you and allow me a moment

Expert:  KnowYourRights replied 6 months ago.

Yes, you are correct. If he never made any claims as to its condition and it was an older gun, the burden would have fallen on you to perform your due diligence, as I shared above. This was a stranger from online, so they can not be trusted

Expert:  KnowYourRights replied 6 months ago.

I just wanted to follow up and see if there is anything else I can answer to clarify. I am here to help so please just let me know.

Expert:  KnowYourRights replied 5 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.