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Unread 09-27-2008, 09:06 PM   #3
Michael Zeleny
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Quote:
Originally posted by policeluger
not sure pictures would have given you the information you needed on a damaged yoke, but " several months later....", sounds like this is past the normal 3 day inspection period, I do not know Mr. Carroll nor do I speak for him, but it sounds a little to late to ask for your money back.....I am very sorry this has happened.....and this does not put 5k back into savings, but we all need to take caution on these type of transaction where we do not have hands on inspection prior to purchase.
The statute of limitations for fraud is three years. I am confident that an affidavit of damage signed by a gunsmith, supported by copies of my correspondence with Mr. Carroll, will yield a small claims court judgment in the amount of my losses. In practical terms, the mere filing of a small claims lawsuit in another state would pose a dilemma for the unscrupulous seller, between suffering a default judgment and incurring long distance defense costs comparable to the total amount of his liability. That is not a route I want to take, but its availability enters in my consideration of more desirable alternatives.

My question is more general. Whenever I offer one of my guns for sale, I make a point of disclosing every one of its faults known to me. How much does my own practice of full disclosure entitle me to hold others to the standard that I impose upon myself?
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