Buyer failing DROS during PPT

[squiddo]

Hey-

I just received a call from the local shop that a buyer failed dros on a PPT. Not sure if the failure is a mistake or otherwise unrecoverable. That being said the shop would like me to come in, re-dros the gun back to me and then I'd need to pay the cash back to the buyer.

Total PITA and the worst possible outcome from a PPT. It got me thinking, aside to lost time, energy and fees, do I have any recourse? What happens if i don't choose to do anything? The buyer would obviously want his money back but I'd just assume not deal with the fees for taking the gun back, finding a new buyer and then doing it one last time.

Anyone have any experience? Any options?

[S470FM]

if you don't do anything, the gun will be turned in to local PD and destroyed. Contact seller and make arrangements.

[dieselpower]

I have heard of sellers taking the stance..."tough cookies". Its the buyers responsibility to know the laws and the sale was final. Let them file a lawsuit if they want their money back. Its up to them to pay the FFL for storage while they figure out what DOJ needs to clear them. If they are a felon, or otherwise a prohibited class, then they broke the law and I don't think there is even grounds to a civil claim.

just my 2 cents...not a legal standing nor am I a lawyer.

[Socalmp5]

Refund 90% of the money.

[E92335i]

I would have spent the money already. Buyer loses! Refund 50%

[dieselpower]

Refund 90% of the money.

whats your basis for this? Whats his tax liability? Whats his legal responsibility? Does he have a legal right to choose what % to keep..does he lose any claim if he keeps even 1% or keeps 99%?

The fact he gives back any amount could be grounds for losing a case for the remaining amount.

As for me and only me... I would see why they failed and keep 100% of the money. Its their business now and none of mine. I am out of it and its between the FFL, DOJ and the Buyer.

[rabidmonk]

If it's that springfield 1911 you had for sale, refund him half the money and I'll buy it and pay you the other half to make your sale price whole plus $50 for your hassle.

[squiddo]

Thanks guys. Yeah- I feel bad but I don't want to screw anyone over. Having said that the process initially took some time (always does) and now I need to do it once again. Personally, I'd know the law and would make certain before doing so. Having said that though there could be factors at play that this guy didnt expect or anticipate. And Rapidmonk, got yourself a deal if you serious.

[tenpercentfirearms]

Frist, do not let the gun shop run another DROS. If they do, they should be liable for the extra $25. The whole point of a PPT is that you don't have to run another DROS to get the firearm back. The state takes the seller info in a PPT so they can run your background when the buyer fails. If the dealer doesn't understand this, have them call the DOJ and confirm it.

Second, what were the terms of the transaction set up by you and the buyer? Did you specify a cancellation fee? There is some value in what dieselpower is telling you. You made the deal, it is no longer your problem.

The only problem with that is by law the dealer must return the firearm to you.

Let this be a lesson to all PPTers. I would specify that all sales are final. If they get denied and can't fix it, there are no refunds. It is not reasonable to expect you to still have the money available. It isn't your problem they can't own firearms.

Thanks guys. Yeah- I feel bad but I don't want to screw anyone over.

You have already been screwed over. You made a deal and you were done with it. Now you think you should have to refund the guy the money and not be compensated for your time and hassle? Screw that. You hold all the cards. I would most certainly not refund the full amount. If he doesn't like it, then he should have made sure he was eligible to own firearms. If it is something that can be fixed, then let him fix it.

[Paperchasin]

You have already been screwed over. You made a deal and you were done with it. Now you think you should have to refund the guy the money and not be compensated for your time and hassle? Screw that. You hold all the cards. I would most certainly not refund the full amount. If he doesn't like it, then he should have made sure he was eligible to own firearms. If it is something that can be fixed, then let him fix it.

Well said!

[squiddo]

Thanks and no, in fairness I made no such statement and always assumed it was implied. Again, you know what they say about assumptions.

[paul0660]

Frist, do not let the gun shop run another DROS. If they do, they should be liable for the extra $25. The whole point of a PPT is that you don't have to run another DROS to get the firearm back. The state takes the seller info in a PPT so they can run your background when the buyer fails. If the dealer doesn't understand this, have them call the DOJ and confirm it.

Second, what were the terms of the transaction set up by you and the buyer? Did you specify a cancellation fee? There is some value in what dieselpower is telling you. You made the deal, it is no longer your problem.

The only problem with that is by law the dealer must return the firearm to you.

Let this be a lesson to all PPTers. I would specify that all sales are final. If they get denied and can't fix it, there are no refunds. It is not reasonable to expect you to still have the money available. It isn't your problem they can't own firearms.

You have already been screwed over. You made a deal and you were done with it. Now you think you should have to refund the guy the money and not be compensated for your time and hassle? Screw that. You hold all the cards. I would most certainly not refund the full amount. If he doesn't like it, then he should have made sure he was eligible to own firearms. If it is something that can be fixed, then let him fix it.

True, all DAT.

[Tripeaks69]

If it's that springfield 1911 you had for sale, refund him half the money and I'll buy it and pay you the other half to make your sale price whole plus $50 for your hassle.

Return the money, 100%, you'll helping the buyer by refunding, im sure he does not know that he will fail the DROS, otherwise He will not even attempt to buy the pistol.





Sent from my iPad using Tapatalk HD

[hakenlag]

Not your problem.

[roushstage2]

If you have no interest in the gun anymore (I imagine so because you sold it)...not your problem.