Is it a common problem for people to mis-identify guns when selling?

[sparrowhawk]

Re: Is it a common problem for people to mis-identify guns when selling?

i bought a Maruzen CA870 off this forum a while back, when i got the gun i found it to be a SY or ACM clone, anyway i contacted the seller to ask for a partial refund, and he just said no to the partial refund and suggested i should send it back for a full refund,but i had to cover the postage, in the end i decided it wasnt worth the hassle so i kept it.....

now he said he sold it in good faith,because thats what he believed it to be, it was so striking obvious that it was a clone for several reason, ie trademarks or lack of them,and that it was full metal,and firing hot....basically it was ignorance and lazyness on the sellers part for not knowing exactly what he was selling to me,and then followed by a lack of contrition and a slice of greed, for not offering me an apology and a partial refund.....

for me it was about £15 loss, which i can live with for a hassle free life,(well not really as i had to spend an afternoon downgrading it) and a lesson learnt.

personally it doesnt matter how good my feedback is,how great i feel i am as a seller,how long i have been on this forum,and how little the buyer knows about airsoft, if I make a mistake and sell an item not as described, which turns out to become faulty,im not going to try and argue my way out of it, i will to do something positive about it, within reason, even if i make a slight loss...because i would feel embarrassed and guilty for being an idiot and making the mistake in the first place.

as far as airsoft guns go unless its heavly modified or upgraded there are no excuses for incorrectly describing something, it doesnt take a genius to work out what make it is, or what make it isnt especially on major brands like maruzen, TM or ICS.....

only the seller can decide what is the right form of action when they have made a mistake, in the end its down to their own ethos as a person.

[Jez Armstrong]

James, just put the spare 4.3 slide on the WE and then it will look like a TM!

Then we will find her address and post anthrax through the letter box, everyone's a winner!

Sent from my phone using my fingers

[Stealthkiller]

Re: Is it a common problem for people to mis-identify guns when selling?

No , but there is sold as seen which takes away most of the sellers requirements in law .

[Phatvortex]

Re: Is it a common problem for people to mis-identify guns when selling?

No , but there is sold as seen which takes away most of the sellers requirements in law .

Bullshit. Not if it's advertised as something which it isn't.

If I'm selling my MX5 and advertise it as a Ferrari F40, with the line "sold as seen" that's fine? NEIN NEIN NEIN.

[sparrowhawk]

Re: Is it a common problem for people to mis-identify guns when selling?

you have to actually see it first for it to be "sold as seen" over the web or long distance selling via a picture isnt seeing it

[snuff]

Re: Is it a common problem for people to mis-identify guns when selling?

No , but there is sold as seen which takes away most of the sellers requirements in law .

'Sold as seen' is innapropriate unless youve visually inspected the item, even then it only has moral and pehaps ethical standing, not legal. Many people put this on reciepts when they sell something unaware that it means absolutley nothing.
Importantly though if something is advertised correctly i.e "item doesnt turn on" and "sold as seen" then you cant return it if it doesnt turn on, because this was specified. However if it doesnt turn on AND it's severly physically damaged but this isnt specified then you have a legal right to return it because of the physical damage.

[Stealthkiller]

Re: Is it a common problem for people to mis-identify guns when selling?

Sold as seen is a term used on your receipt ,it means that the goods have been inspected by you regardless of faults that may be present at the time of purchase, and regardless of this you still wish to purchase them. which in law means exactly what it says . It does not allow for mis description of products , it does however cover a seller if the product kid discovered to have a fault after the sale has taken place. Why take my comment out of context and use abuse to get a response ? Famous for five second syndrome methinx ..

[snuff]

Re: Is it a common problem for people to mis-identify guns when selling?

Why take my comment out of context and use abuse to get a response ? Famous for five second syndrome methinx ..

Is that directed at me?I just stated what I believe to be correct it's not meant to discredit you in anyway,some people I.E. dodgy car sellers believe the "sold as seen" banner gives them the right to rip people off and consider that there is no comeback based on that criteria.
Again "sold as seen" has no legal standing.

[Stealthkiller]

Re: Is it a common problem for people to mis-identify guns when selling?

Sold as seen on a receipt . Does have a legal standing in a court of law . It does not evoke the consumers rights , but in a court of law it will limit them to a large degree , wear and tear is not a fault that you can be refunded for , Or reject goods for . On new stuff you will have some protection , on second hand goods / older goods the bias swings to the sellers favour .
On new stuff you have a limited time to acertain that faults are present , in a car auction it is deemed by law that one hour is enough to do this.
Basically never enter into a sold as seen contract unless you really know what you are doing . And refuse goods at point of sale if the seller signs a receipt this way .

[snuff]

Re: Is it a common problem for people to mis-identify guns when selling?

Sold as seen on a receipt . Does have a legal standing in a court of law . It does not evoke the consumers rights , but in a court of law it will limit them to a large degree , wear and tear is not a fault that you can be refunded for , Or reject goods for . On new stuff you will have some protection , on second hand goods / older goods the bias swings to the sellers favour .
On new stuff you have a limited time to acertain that faults are present , in a car auction it is deemed by law that one hour is enough to do this.
Basically never enter into a sold as seen contract unless you really know what you are doing . And refuse goods at point of sale if the seller signs a receipt this way .

I'm still not sure about the legal aspect,I know there is a difference between private and trade sales as in trade sales cannot limit your rights with such statements and private sales are regarded as sold as seen or rather(Caveat emptor) "buyer beware".
If people are going to con you they will find a way.

[snuff]

Re: Is it a common problem for people to mis-identify guns when selling?

I can't find anything covering the law and sold as seen,but from the government website consumer direct.."You have fewer rights when you buy privately, whether through a small ad in a newspaper or at an internet auction. In a private sale, the goods must be as described, but a seller who is not acting as a business is not covered by the rules on satisfactory quality and fitness for purpose."
I think that's basically what you said but the law is unclear,I think the law aspect comes in if you take the seller to small claims court,there seems to be no direct law in relation to the act
Any why would you sell something sold as seen unless you had something to hide?The term is widely misused by private sellers thinking they can "forget" to mention something,it always makes me suspicious.
Apologies this is an airsoft forum...I'm babbling now....

[captain dog]

Is this a chick who ripped you off?

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[Coz]

Re: Is it a common problem for people to mis-identify guns when selling?

Jesus christ, this still going on!

Trouble, if you want a trigger from an ARES M4 i will send you one from a clone GB that never fit my gun. you can have it for sod all if it makes you happy, just the cost of postage and a jiffy bag.

[captain dog]

You're even boring me now and ill read anything. He offered you compo but you would rather drag it out. I was on your side at first too.

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[pacey]

Im completely lost with this thread now, who's annoyed at who. Who has scammed who, either get your dicks out with a tape measure or time to end this me thinks.