OT: Gun Broker seller will not sell after the auction

Palmtreee · Post by **Palmtreee** » Mon Mar 24, 2008 3:44 pm

I won a bid a few days ago for a Marlin 410, after the bid closed I sent an e-mail asking where to send the check his response:
"I have some bad news my son sold it to a friend he did not know I had it for sale on Gun Broker, do you want me to try to get it back?
After I replied yes, he will not return my e-mails.
Any thoughts? Just forget it? What makes me mad is that I have been trying to get a .410 Marlin for a while.

ohwin94_61 · Post by **ohwin94_61** » Mon Mar 24, 2008 3:57 pm

I'm sure if I was you I would contact gunbroker and or both write a nasty review That's down right dirty pool

meanc · Post by **meanc** » Mon Mar 24, 2008 3:57 pm

He'll probably just end up getting a new ID anyway, but the only thing you can do is leave negative feedback and go on with life.

Blaine · Post by **Blaine** » Mon Mar 24, 2008 4:04 pm

That was a binding contract....you should get your gun in the condition and timeframe promised.

jdad · Post by **jdad** » Mon Mar 24, 2008 4:28 pm

You've got a newbie seller, with no feedback, that probably does want to make the deal good, but needs to make sure he can get it back before he responds.

Scott64A · Post by **Scott64A** » Mon Mar 24, 2008 4:30 pm

Hmmm, aparently he was using GB to find a sale price.

Dirty ***.

Old Ironsights · Post by **Old Ironsights** » Mon Mar 24, 2008 4:39 pm

Scott64A wrote:Hmmm, aparently he was using GB to find a sale price.
...

Well, that isn't all that uncommon, but normally if you want to get a feel for how somthing will sell you set a rediculous, but not unthinkable reserve. If someone actually buys it for that, bonus. But until then you get a feel for how much people are willing to bid... then you can change your reserve accordingly.

I'm not sure if that's dirty pool or just good sense... especially if you don't really know what the "value" of the gun is.

Palmtreee · Post by **Palmtreee** » Mon Mar 24, 2008 4:39 pm

I have tried to call but no answer. I will wait a few days and see what happens. Thanks for the advice.

mod71alaska · Post by **mod71alaska** » Mon Mar 24, 2008 5:02 pm

You know, it's not a perfect world but we always can make it better.

If it were me I'd cut the seller some slack, take him at his word as to what happened, and look for another Marlin 410.

Just my 2Â¢.

Palmtreee · Post by **Palmtreee** » Mon Mar 24, 2008 5:05 pm

mod71alaska wrote:You know, it's not a perfect world but we always can make it better.

If it were me I'd cut the seller some slack, take him at his word as to what happened, and look for another Marlin 410.

Just my 2Â¢.

Sounds great! I would love to do that if I could find one for under $600. If you see one out there please let me know.

ursavus.elemensis · Post by **ursavus.elemensis** » Mon Mar 24, 2008 5:17 pm

I see this kind of thing mentioned in the feedback comments of quite a few sellers. Often it happens to sellers who have lots and lots of otherwise good feedback. Seems lots of them sell the rifles in their stores and online at the same time. I've even seen a rifle or two that were for sale on GunBroker and listed on GunsAmerica at the same exact time. It happens and I guess there's not much you can do that will make you really satisfied. Most gun-selling folks are good folks and I think the occasional goof ups are the price we pay to be able to sit back in our pajamas, browsing the internet with a beer in one hand and the computer mouse in the other hand and making gun deals costing hundreds of dollars at 2 AM. Seems a fair enough price to me for the convenience and recreation.

Palmtreee · Post by **Palmtreee** » Mon Mar 24, 2008 5:20 pm

ursavus.elemensis wrote:I see this kind of thing mentioned in the feedback comments of quite a few sellers. Often it happens to sellers who have lots and lots of otherwise good feedback. Seems lots of them sell the rifles in their stores and online at the same time. I've even seen a rifle or two that were for sale on GunBroker and listed on GunsAmerica at the same exact time. It happens and I guess there's not much you can do that will make you really satisfied. Most gun-selling folks are good folks and I think the occasional goof ups are the price we pay to be able to sit back in our pajamas, browsing the internet with a beer in one hand and the computer mouse in the other hand and making $600 gun deals at 2 AM. Seems a fair enough price to me for the convenience and recreation.

All true, but this was a non FFL with no store or inventory, just a big jerk in his pj's with a keyboard like you and me.

ursavus.elemensis · Post by **ursavus.elemensis** » Mon Mar 24, 2008 5:22 pm

I hear ya.

I'm just saying that it happens, and really, there just isn't much you can do to come out of this satisfied, so you got to just chalk it up to life with the Internet and move on.

Palmtreee · Post by **Palmtreee** » Mon Mar 24, 2008 5:25 pm

I agree!

71fan · Post by **71fan** » Mon Mar 24, 2008 5:47 pm

At least no money changed hands. Good luck in your search for the 410.

I know of a forum member that has a few...but I don't know if he'd sell. Maybe post a WTB on the classified board and see what happens.

Old Time Hunter · Post by **Old Time Hunter** » Mon Mar 24, 2008 6:21 pm

Try contacting the dispute # or in the 'For Buyers' section there is a drop down for 'Problems with a Seller' section.

At least the cash didn't exchange paws, I'm having a bit of trouble right now on a item I purchased through the "Haggle" feature on Auction Arms. Took forever to contact the seller, he retorted that he works 3rd shift when I finally got a hold of him. I sent the $ certified with signature receipt required, which he signed this past Thursday. Of course as of last Wednesday he is no where to be found, no tracing #, nothing coming in the mail...nothing. E-mailed him a ton of times. Oh yea, the only time I was able to contact him last week was by calling the Cincinnati police and explaining what was going on, I am tempted to do it again!

Jarhead · Post by **Jarhead** » Mon Mar 24, 2008 6:32 pm

Palmtreee wrote:
mod71alaska wrote:You know, it's not a perfect world but we always can make it better.

If it were me I'd cut the seller some slack, take him at his word as to what happened, and look for another Marlin 410.

Just my 2Â¢.
Sounds great! I would love to do that if I could find one for under $600. If you see one out there please let me know.

Hang tuff ,maybe the fella will come through for you...If he doesn't, You can always keep your eyes peeled for another...

brucew44guns · Post by **brucew44guns** » Mon Mar 24, 2008 7:11 pm

I bid on a S&W 27-2 recently, and he had it listed in the "S&W 8 3/8 category. Should have been in the model 27-2 category. He only got 2 bids, mine was one of them. This gun is mint, nearly like NIB. Got it for 375.00, no one saw it apparently due to how it was listed. The guy came through, no qualms or back- pedaling, but it typically will bring 525.00 to over 600.00 often as I have shopped a long time to get that one. So---there are honest guys who take their chances and come up with the goods when you win at a low price.

Andrew · Post by **Andrew** » Mon Mar 24, 2008 8:00 pm

Old Ironsights wrote:I'm not sure if that's dirty pool or just good sense... especially if you don't really know what the "value" of the gun is.

Homework is not hard to do. Setting up an auction merley for the purpose of "feeling the crowd" is not only somewhat shady, but unecessary.

TedH · Post by **TedH** » Mon Mar 24, 2008 8:09 pm

I'd keep after him to make good on the deal.

marlinman93 · Post by **marlinman93** » Mon Mar 24, 2008 8:10 pm

I ain't sellin any of mine!

If I was you I'd start the proceedings toward getting him kicked off GB. You owe it to others to not let him continue to conduct business in such an unhonorable manner. It is his word, and he should be good for it.

Post by **Ysabel Kid** » Mon Mar 24, 2008 8:21 pm

I agree with mod71alaska that this was probably an honest mistake. That being said, he wasn't selling turnips, but a firearm. You'd think he'd have a better idea on it's whereabouts, and if his son was also trying to sell it. Hopefully a lesson for him. Sorry to hear about the missed opportunity - hope he manages to make good on the sale!

bj94 · Post by **bj94** » Mon Mar 24, 2008 11:16 pm

If the seller refuses to sell or cannot sell because he sold the gun elsewhere, then your only recourse is to complain to GB and post appropriate feedback.

I have seen lots of ads where the seller stated that the item was also for sale in their shop and could be sold at any time. The seller should be aware of this and pull the auction immediately, and if the auction is about to end with bids placed that meet the requirements for buying the item, then the seller should pull it off of his store shelves.

At the very instant that the auction closes, if the customer in the store has not uttered "I'll take it", then the seller should say he's sorry but the item is no longer for sale and take it out of the room.

RIHMFIRE · Post by **RIHMFIRE** » Tue Mar 25, 2008 7:29 am

That happened to me once with Legendary Guns out of Arizona.
Just so happened the gun was sold in the store just before the auction
was about to end....I was disappointed .....but at least we all
found out about it before I sent the money

JB · Post by JB » Tue Mar 25, 2008 8:49 am

GB isn't going to do anything. If the guy has any sales history at all, he's generating revenue for them. I know a big shill bidding problem a local seller got into there. After repeated complaints, they did finally give him a "shame on you", but he's still an active seller.

cas · Post by **cas** » Tue Mar 25, 2008 12:00 pm

It could just be that it didn't sell for as much as he hoped, in which case... you aint gettin' it.

Marlin .35 · Post by **Marlin .35** » Tue Mar 25, 2008 2:41 pm

I would give the guy a chance, then chalk it up tioone of the bumps in life we all have!! Good luck searching for another, and another will come along!!!! Art

GANJIRO · Post by **GANJIRO** » Tue Mar 25, 2008 3:15 pm

I had a guy pull this kind of BS a few years back, but he did it AFTER I sent the money and after 2 weeks of no gun, no email replies, no return calls from his answering machine I turned him in the local BBB (he had a small gunshop), and also filed a complaint with the USPS for mail fraud. After all this I finally caught this guy in his shop and I demanded he explain himself, he replied he never had the gun, that his distributor was out so he was waiting to order when it came in. I game him a tongue lashing for trying to sell something he did not have in stock, and demanded that he send me my money back. I had my check back a few days later. Yes I left bad feedback not that it mattered.

Palmtreee · Post by **Palmtreee** » Tue Mar 25, 2008 3:28 pm

I got a hold of the seller last night he felt bad for what happened and said he would try to get the rifle back from the shop where it was sold. I stated as long as it is in the condition that was described online it was okay with me. He is said he would let me know tonight. Thanks again for all the input. If I get the 410 I will post some pictures.

Post by **Hobie** » Tue Mar 25, 2008 4:51 pm

BlaineG wrote:That was a binding contract....you should get your gun in the condition and timeframe promised.

But, in fact, it is nearly impossible to enforce. So, now you know he's a double-dealer or a bad father, or something but now you don't ever do business with him. He could have taken your money and THEN talked some stuff. Count yourself lucky and move on.