Online Return

[AlanC]

Alaska

I sold a gentleman a used rifle online. He did not ask any questions about it as far as condition. He wanted it and he made arrangements to pay and send his dealer's license (required by federal law) to me. Upon receipt of payment and the license, I submitted these to my dealer for shipment to his dealer. He contacts me several days later to say he was unhappy about the condition of the rifle. I said fine. Return it and I will give your money back. He replied he wanted not only his money, but the postage costs to return the rifle and fees he paid his dealer to accept this gun. I told him I would only send the money he sent me. He now wants to litigate. Where do I stand here? I am a private person, not engaged in a business and I sold a personal item. Any advice would be appreciated.

 

[divgradcurl]

Alaska

I sold a gentleman a used rifle online. He did not ask any questions about it as far as condition. He wanted it and he made arrangements to pay and send his dealer's license (required by federal law) to me. Upon receipt of payment and the license, I submitted these to my dealer for shipment to his dealer. He contacts me several days later to say he was unhappy about the condition of the rifle. I said fine. Return it and I will give your money back. He replied he wanted not only his money, but the postage costs to return the rifle and fees he paid his dealer to accept this gun. I told him I would only send the money he sent me. He now wants to litigate. Where do I stand here? I am a private person, not engaged in a business and I sold a personal item. Any advice would be appreciated.

How much is he paying in transfer fees? Last time I bought a rifle from someone far away, the local gun shop only charged me $50 to the transfer (but I got the rifle about $150 less than any of the local shops, so it worked out okay for me). I really doubt $50 is enough for him to fly up to Alaska to sue you in small claims court.

You are under no obligation to do anything. If he returns the gun, send him his money back. If he doesn't, send him nothing.

 

[saw192837]

For him to get you to pay you would have had either

1) Promised to pay shipping costs both ways in your original agreement

2) Non-conformance (if you had breached the contract by sending him a broken rifle, etc, which you apparently did not)

(UCC § 2-602, 2-715 http://www.law.cornell.edu/ucc/2/article2.htm#s2-710)

Since neither are the case it appears he has no legal right. The seller is not obligated to automatically pay for incidental costs to buyers who reject the goods after the inspection period. However this is all based on your statement. If the buyer "rightly rejected" the goods you are technically liable for shipping costs, but it doesn't seem to be the case here.