Anyone have a Waiver Form for Transfers?

[eltee]

Do any of you have your customers sign a waiver, release, etc. for doing their transfers so that your responsibility / liability is (theoretically) reduced? A dealer should not be responsible for a gun that a client ordered directly and is having the dealer DROS. However, I can see situations where the dealer might be caught in the middle if something comes up. I realize waivers, etc. are not ironclad, etc.

I was thinking about something a buyer reads and acknowledges by signature stating:

1. The FFL is not responsible for the transaction other than to process the DROS/BATFE requirements
2. The buyer chose the firearm, the FFL was not involved in the selection
3. If the transaction does not get finalized, the buyer is responsible for all costs inc. return postage and handling costs, etc.
4. The buyer must pay taxes as required

Also, have any of you had to deal with a transfer that did not go through but the source of the firearm has a no return policy?

THANKS for any info.

[kemasa]

I have a customer agreement sheet which I have all customers signs. An example is available at:

http://www.net-ffl.com/examples.html

I don't deal with #2 since in some cases I might give some suggestions, but I am still not responsible for their decision.

I have not had a problem with a deal that did not go through with a place that had a no return policy, but I did return a firearm due to suspected strawman purchase. Refunding the money, what was left over after returning the firearm, getting a money order, postage, having the letter not accepted and getting another money order and more postage, etc. did not leave much for the buyer to get back :-).

The main wording would be that the buyer would be responsible for all costs/expenses for a transaction, including if the transaction does not go through. If the place has a no return policy, then the question is what do you want to do with the firearm if the buyer is not able to receive it. I don't really want to ship it to someplace that they want unless I am sure that there is no risk of an illegal transaction. I am also not going to sell it for them for free. Free gift is the best, but that has issues as well.

[eltee]

Perfect. THANK YOU for sharing these forms.

[tenpercentfirearms]

That is just common sense. If a customer ever said, "Hey I didn't get what I ordered" I would say, "Talk to the guy who ordered it."

I guess you could have a form, I don't even worry about it.

[kemasa]

As was said, I think by Franklin, Common sense is not common.

A form is not really needed, but at times it could help. I do transfers by appointment, so I want the person to come at the appointment time and don't want to waste my time. I also want to have it documented what will happen if they don't pick up their firearm. It is easier if there is a problem. So far, I have not had a problem that I had to deal with, but it has been close and I could have made some additional money, if I had wanted to push the issue.