Gunbroker situation- need opinions

Endless Steven

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I used Buy it Now tonight to buy a gun I wanted. It was a very good deal. I was happy.

Later, I get an email from the seller:

"SORRY ... BUT THE ... AUCTION WAS CLEARLY A MISTAKE AND WAS POSTED INCORRECTLY. YOU CAN STILL BUY IT NOW AS WE HAVE RELISTED IT BUT NOT FOR $500. IT WAS SUPPOSED TO BE 1500. "

Well, tripling my buy it now price seems pretty lame to me, so I look at the rules:

http://gunbroker.com/User/UserAgreement.asp

"Placing an item for auction is an irrevocable offer to sell an item to the winning bidder. The winning bidder is the highest bidder on the item, or in the event of a tie, the bidder who placed the highest bid chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.

Listing an item constitutes entering a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this auction site may not be concurrently offered for sale on any other online auction site. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction."

Looks pretty clear cut to me. He offered it, and in good faith, I bid. Now he is backing away from his Buy it Now price.

What should I do?

I see this option as best: Send him an email, indicating that I acted in good faith, and am willing to execute our agreement, at the previously agreed upon price, while referencing the rules.
 

carcass

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By the rules, this guy owes you a gun at the price offered. Don't forget to mention wire fraud if he balks. If he balkd further, send him a registered letter. Copy both your CLEO and his. That tends to get a little more attention than an e-mail.
 

Mike85220

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GUNBROKER...

Gunbroker sucks... I mean it they really do!

Why? I won an auction and found the item soon after to be illegal to own. It was a 10 round 410 magazine for the Saiga shotgun.

BATF says that even though an import paper can be done, there is a limit on shotgun magazine capacity. I was told that this is why the Streetsweeper and USAS-12 was made a Destructive Device. If they had these high capacity magazines for the public they would have to make the same ruling on the Saigas.

The guy's name got me, Demetri... He is from guess where? RUSSIA. He wanted me to send a money order over to him for the magazine.

The last time I sent funds out of country, I NEVER GOT JACK...

WHy bid on it? Because I NEVER seen an auction that was from another country on Gunbroker. So I did not even look at the location. I figured it would at worse be in Alaska or something...

Gunbroker banned me for a non-paying bidder alert. Gunbroker sticks up for the seller, and not the buyer, remember that...

They said I have to buy the 10 round Saiga magazine... Umm... NO!!! It is not legal for me to get, so I am not going to go through with an illegal sale just to appease GUNBROKER... Those losers...

If you do not believe me on the detachable magazine capacity limit on shotguns, call BATF. As for any other magazine, it would have been OK.

The seller always dodged my question which was: "I see that you are located in Russia, is it legal to import this 10 round 410 shotgun magazine into the US?". All I got was: "Send funds to Demetri".
 

Brian Ski

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Well from where I stand, you can fight, drag it out and lose money or just walk away... Nice to try to piss off a guy you are sending money to...I would leave neg feedback... But then he might do the same for you...
 

Endless Steven

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I sent him an email, noting that he agreed to sell it for $500, and I agreed to buy it. He should honor that deal.

We'll see how he reacts.
 

philasteen

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There's very little chance of you forcing this guy to complete the deal. The most you can do is leave a negative feedback.

Can you please post a link to the original auction?
 

wellcraft

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the first question i have to ask is what type of firearm was it and if it was a firearm worth 1500 bucks a deal for 500 bucks would be to good to be true. the seller may have made an honest mistake and listed it for 500 when he meant to list it for 1500. i posted an add on gunsamerica once for a SW 5906 and i posted the sale price at 50 bucks when i meant to put 450. it was an honest mistake and someone was kind enough to bring it to my attention so i could change it. if i posted a firearm on gunbroker and by accident posted the wrong price i wouldn't sell the firearm for 1000 less than what the gun was worth regardless of gunbrokers policy and i doubt many people would. i would give the guy the benefit of the doubt and walk away. whats the sense in pressing the issue, getting cops and attorneys involved over a simple firearm.
 

Endless Steven

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Here is the auction:

http://www.gunbroker.com/auction/ViewItem.asp?Item=41421325

Its an H&K USC. They listed it for a dollar, with a buy it now of $500.

Yes, a very good price- but I think 1500 is too much.

They have now opened a case with Gunbroker about the item, saying there was a mistake made on the item, and asking me to release them from an obligation to sell it.
 

wellcraft

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about a year ago i sold my HK USC for 1200 bucks and while i wouldn't pay 1500 bucks for one i saw on gunsamerica people asking up to 2 grand so 1500 is not overly pricey. there's no way anyone would sell a USC for 500 bucks unless it was stolen and they didn't know the true value or it was beat to shit. i believe it was an honest mistake on the part of the seller and i would walk away and leave it be. it appears to me the seller is going out of business anyway since they're selling off their inventory including gunsmithing equipment.
 
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Iambny

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I do alot of ebay auctions....ALOT OF THEM! i sell sport and non sport cards. The rule is of ebay, if you WIN a auction, the seller is not leagly responsible to sell you the item. If you win however you are responsible to pay for it, the bidder, winning bidder enters into a binding contract to pay for the item, nothing says he has to deliver.
As i see it you can pay him the $500.00 as per his auction rules, and he will then legaly have to send your ffl the gun or refund you back your 500+ dollars. In wthich however the outcome of the transction ends you leave feedback for it.
I think the bottom line is, if he does not want to sell it he does not have to.
It is really shitty business, not to honor a price. The other option may be to call this guy up and possibly strike a deal where both of you will be happy. say 750...800?
Bottom line you lost nothing, and gained nothing, and simply just showed the world that this guy is a ass. and i for one wont bid in any of his stuff.
 

K.O.A.M.

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I'd complain straight to Gunbroker if they don't follow through on the deal. Put it this way-if you won and didn't pay, they wouldn't hesitate to get you blacklisted. If they're too stupid to proof their auctions before they post them, they need to bear the consequences.
 

Pesticidal

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Quoted from the auction:


SMITH & WESSON 686

STAINLESS STEEL - 6" BARREL - 357 / 38 SPL

EXCELLENT & NO RESERVE !!

AS ALWAYS NO RESERVE ...


A SMITH & WESSON 686 IN 357 MAG WITH FACTORY MEDALLION GRIPS. STAINLESS FINISH IS EXCELLENT. GRIPS ARE MINT. SN: AEHX3XX

YOU WON'T FIND A BETTER SMITH ANYWHERE. NO RESERVE AUCTION SO DON'T WAIT AROUND OR SOMEONE WILL BEAT YOU TO IT!!!!



No reserve?:bull
 

philasteen

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Looking at the auction, I note the photos/title do not match the description. As a legal matter, that's enough to put you on notice of the seller's error; even if the seller would normally be bound by a gunbroker auction (questionable), this is enough to be let out of any contract under a unilateral mistake doctrine.
 

emerz

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Looks like the auction was for a SMITH & WESSON 686 but the seller linked the wrong pics.

Auction posted in the Top > Firearms (Modern) > Pistols > Revolvers section.

Probably an honest mistake.
 

Mike85220

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Gunbroker

Complain about a seller to Gunbroker???
Has anyone listened to me? LOL!!!!!!

They only care about who paid them- PERIOD

If you got a beef about a seller, you better have family who works at Gunbroker to do jack $hit about it. Seriously...

This opinion is based off of 3 personal incidences I have dealt with on Gunbroker. It is like E-bay in the fact that nothing ever gets done about a wrong-doer.

(This isnt an attack on anyone's post)
(I am livid from how Gunbroker screwed me over)
 

Mike85220

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I have to vent again...

An example of how these auction boards do not give a ^%*:

I bought a catalytic convertor off of E-bay for $24.99, plus shipping. I received a resonator...

I complained and E-bay said if it was $25 or over, you would have been reimbursed by E-bay for the fraud. Auction boards only care about whoever buys an auction spot on their site...

Enough said!
 
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