Michael,
In my opinion, the main point is whether the seller knew of the damage to the revolver when he sold it. If he was aware of the damage based on his expertise with these revolvers, then he has misrepresented the item and theoretically you are entitled to your money back under the condition that the revolver is in the same exact condition as when you had received it. In my opinion, misrepresentation or fraud should not be limited to a three day inspection period. For example, if this was an international deal, a three day inspection period cannot be properly and fairly applied.
When I was a young collector, I had a similar case involving a purchase of an LP-08 from a well-know dealer. I was able to return the item after seven years because he had obviously misrepresented an item which he had sold to me and I threatened him that I was going to smear his name unless I get my money back. I did not have to take such action, but it left an unpleasant taste in my mouth. Unfortunately, in many cases, dealers, auction houses and collectors throw their principles/ethics out the window for the sake of money and use the excuse 'buyer beware' to defraud. It is partially the buyers responsibility to check out the record/reputation of a seller before doing business, and as many collectors know in the field of Luger collecting, there are some people who have a bad reputation since the stone age period, but some collectors do not wish to learn who is 'the good, the bad and the ugly'!
I believe that it is a waste of time and money to take your case to a court, and you better off publicizing this matter all across the Internet if the seller is not prepared to correct this matter. If the seller maintains any value in his integrity or reputation, he will decide to refund the money.
Good luck, and hopefully your case will help in 'cleaning up' the s*** that occurs in our hobby.
Albert
|