Buyer failed dros

[FalconLair]

How would you lose in court? The buyer bought something he isn't legally allowed to have. California is a buyer beware state.


Same as buying a used car and then having buyers remorse. Not the seller's fault.

pretty sure a judge would not let him have it both ways - keeping the gun and the money

that is, if he picks the gun back up, which is still in his name

im willing to bet he would be ordered to return a reasonable amount, probably not the full 100% though - silly to let it go that far

[skosh69]

Tell the guy you'll return 80% of the $, keep a 20% "inconvenience" fee.

My thoughts exactly.

[4DSJW]

Pick it up and refund his money at the same tine. Why worry about having to go to small claims court and losing. Ownership never transferred. Like others said next time put a disclaimer in your ad.

Are you sure this is correct? My understanding is that at the time of the DROS it is no longer the property of the seller, it is the property of the buyer and if he doesn't pass DROS he cannot take possession, but it is still his property. The FFL has to make the decision to DROS it back to the original owner, or turn it over to law enforcement. Hopefully someone knowledgeable about this situation will chime in.

OP, you are not obligated to return any money and I don't think you have to worry about a small claims suit, at least not losing the case, as long as you don't take possession of the gun. If you choose to return some or all of the money, check with the FFL to see what happens. If you do have to DROS the gun back you will likely have to pay the fee and may open yourself up to a stronger claim against the money being returned.

[Calguns77]

pretty sure a judge would not let him have it both ways - keeping the gun and the money

that is, if he picks the gun back up, which is still in his name

im willing to bet he would be ordered to return a reasonable amount, probably not the full 100% though - silly to let it go that far

Exactly. But Is it worth it to lose a days work just so you get to keep a few dollars for time and gas? If you want to keep some money for gas and time work it out with the buyer before meeting him.

Best way to do it is write him a check and be done with it.

[Calguns77]

Are you sure this is correct? My understanding is that at the time of the DROS it is no longer the property of the seller, it is the property of the buyer and if he doesn't pass DROS he cannot take possession, but it is still his property. The FFL has to make the decision to DROS it back to the original owner, or turn it over to law enforcement. Hopefully someone knowledgeable about this situation will chime in.

OP, you are not obligated to return any money and I don't think you have to worry about a small claims suit, at least not losing the case, as long as you don't take possession of the gun. If you choose to return some or all of the money, check with the FFL to see what happens. If you do have to DROS the gun back you will likely have to pay the fee and may open yourself up to a stronger claim against the money being returned.

Well im not a lawyer lol. Im sure someone will be along to correct me.

[SarcoBlaster]

Unsure about your situation but if I'm selling a gun, I either no longer want it or need the money for something else. 100% not my issue if the buyer fails DROS for any reason. The gun will stay at the FFL and it's on the buyer to figure out how to retrieve their property.

[M1NM]

It's his gun and his problem not yours. If you consider buying it back (which is what you are really doing) do so for at least 30% less than he paid.
You are under no obligation to go pick it up. The FFL does have an obligation to turn it over to LEOs if you don't pick it up and the buyer is denied.

[Calguns77]

It's his gun and his problem not yours. If you consider buying it back (which is what you are really doing) do so for at least 30% less than he paid.
You are under no obligation to go pick it up. The FFL does have an obligation to turn it over to LEOs if you don't pick it up and the buyer is denied.

It's not stolen, I'm pretty sure after X amount of days if no one picks it up its forfeited over to the store.

[Mitch]

Many threads on this.

Yeah, a surprising number, really.

You get your gun back and give the dude his money back.

I continue to be kind of alarmed people aren't even sure what to do.

[Maht_g]

Pick up the gun, return half the money. More than fair in my book!

[GimpsUnlimited]

Dude, some of you guys are heartless: pick up the gun and the money? Wow.

I would advised the buyer that some REASONABLE $$ will be deducted for wasted time/gas. Hopefully, the buyer is reasonable. But if he is not, then you can go nuclear.

[Thepug99]

Its your money now. too late for that guy. If he wants it back tell then try judge judy.

[CouchOperator]

50% Learners Fee, and then 25% for your gas. The other 25% will be taken for having to go back to get your gun.

[Rorge Retson]

50% Learners Fee...

[Nacho_Eater]

I'm currently selling an off-roster handgun. If the buyer fails DROS, I'm hoping I can simply walk into the gun store and retrieve the gun. If not, I'm keeping ALL the money.