66mustang

Well Tim, being an uneducated sort of mass and expensive Luger buyer, I think that this is one of those situations where both buyer and seller should have a contract.


Then when it states cost of $8,000 dollars, and payment will be made as soon as possible (leaving options open, as per your scenario), that the gun is in 98% shape, rare, etc., so the buyer would have proper recourse if the item is not as stated.


Now, since this is a hand shake deal, the old buyer beware is prevailing and ever present.


The buyer is the one at risk -- monetarily


The Seller is at risk for their honesty and integrity.


So, if it was me:

I am upset, I tell my story to Bob, who tells it to Sally, and down the list, and the seller has lost several potential buyers. If the seller has a good reputation, then one or two irritated buyers won't make much difference, but many stories and they loose tons of money in the long haul.


Overall from the scenario, and I too would have offered to get another Luger. Then the seller should have thought this acceptable. More than likely the seller knew of this defect and became much more irritated after the Buyer refused the pistol.


And steamed abut it later and then wanted to keep the deposit.


Obviously the smart thing is to get another gun, no loss of deposit, as the original contract, a Verbal Contract and binding in some jurisdictions would show that the gun was not perfect and had defects.


But many of these things come down to what you said, he saidâ?¦.


Ed