Word of warning

[couzin]

Maybe others will benefit from my stupidity. I purchased a "new" S&W 360PD from a large dealer at the last Fort Worth gun show. Got it home, and put it aside for a couple weeks while waiting on a set of Crimson Trace grips. Grips came and while getting ready to install them I noticed the front of the cylinder was eroded (flamecut) and there is some other wear that, in my opinion, could only have come from the pistol being fired, and probably not with the recommended ammunition multiple times. I contacted the seller/dealer seeking an exchange, seller says the handgun came from a 'distributor, that the damage is S&W's problem, and they do not 'warranty' handguns. Contacted S&W and they replied that they will "repair" the handgun. I believed that I should be provided a new-in-the-box S&W 360PD - apparently, I am wrong. I did not pay for a used 360PD. Unfortunately, it falls on me to have not closely examined the handgun before I handed over my coin. So - buyer beware!! Check those purchases over very carefully and read the fine print!!

I have not provided the dealer's name because that is not the reason for the post - just a warning to check those purchases a little better. Certainly I will avoid this particular dealer in the future, but some here may have had excellent dealings with them, therefore it is best if we don't get into it over the ethics of the dealer (it could be an honest mistake and they had nothing to do the handgun being fired).

[boomerang]

Thanks for the reminder to double check purchases before walking out the door. Especially on big ticket items.

[KC5AV]

Excellent advice. I will say, however, that I think it's good of S&W to repair the gun. I'd be irritated at the dealer, though, and would certainly take my business elsewhere in the future.

[flb_78]

I'd post the dealer's info so that others won't get the shaft from them.

I'm sure they used the gun as a rental or one of the employees took out one weekend to "test" it.

But yeah, you should always check it over before you sign or pay for anything. Last gun I bought, I field stripped it on his counter.

[longtooth]

THat is a good thing to do if you can. Last used gun I "didnot" buy was because I was denied the privilege of disassembly to look at the barrel & check wear.
Thank you & seeya.

[Rockrz]

If possible, always make purchases using a "Credit Card" (not a debit card)

One of the perks of using a credit card is that you can do a charge back
and the merchant has no choice in the matter as your bank will be
debiting his incoming credit card processing funds from purchases
other people make to this merchant through their credit card
processor.

The only thing you have to do is prove to your bank that you
returned the item to the merchant before you call the bank
to make your charge back claim.

The only way to do that is to ship it to them using your
own (not Staples, Office Depot, etc) UPS or FedEx account
and be prepared to offer the tracking number to your bank
when you call to make your charge back claim

NEVER let the vendor pay for return shipping as you
will not be able to prove to your bank that the item
was returned...many merchants know this and will
claim they never got the item back, killing your claim.

This is a very nice perk that allows you to shop with confidence
knowing that if you get ripped off, you'll get the last laugh
while getting your money back.

One of the neat little things I've learned from working
in the card service business.

[couzin]

On a similar note, a colleague of mine bought a brand-new AR online for a very good price - the caliber was described as "7.62 NATO" so of course he's figuring it's an AR10-type rifle.

What arrived 3 weeks later was an AR15 with a 7.62 x 39mm upper; I had to give him the bad news that it's not the AR10 he thought he was getting

I would think that would fall in the category of "fraud"!

[casingpoint]

If I was selling guns, I would not want ANY dissatisfied customers.

[couzin]

If I was selling guns, I would not want ANY dissatisfied customers.

I was polite with the dealer, I said I was willing to meet at the next show and swap out the handgun, I tried to tell him I just wanted what I paid for (NIB) - he pretty much just said that he doesn't take back any firearm because of what the customer has probably done to it and that the sales slip says that they (the dealer) do not warranty any handgun for defects etc.. My point was that there was not a warranty issue - I was sold a previously fired or damaged handgun and my claim of that I had not done a thing to the handgun just fell on deaf ears. He claimed that the factory often fires these weapons as much as fifty times before shipping (I seriously doubt that). I understand if the thing had been fired by me (or whatever else I could possibly have done otherwise to damage it) - but it was sold by them in this condition. However, it still fell upon me to examine the handgun BEFORE signing the sales slip. I guess S&W will probably repair it, but I just don't believe that to be a fair approach. Is there hidden damage? Can I rely on this handgun? It is a cr..p shoot dealing with some dealers - I found one to avoid.

In hindsight - I should have just drove to Houston and bought that 360PD that was offered here on this forum a few weeks back - folks here are a lot more honest!!!

[KC5AV]

If you aren't separated by any great distance, you might consider taking them to small claims court. I believe you'd have to file it in the court in their jurisdiction, though, so it might make it not worthwhile if you'd have to drive any great distance.

[Purplehood]

Wouldn't it be in a court that had jurisdiction where the sale took place?

[KC5AV]

Wouldn't it be in a court that had jurisdiction where the sale took place?

It's possible, but I believe it would have to be in the jurisdiction where their business is registered. IANAL.

[Rockrz]

You can file the claim in the county where you
reside since you are the one that was ripped off.

You don't have to go to the county/state where the business is registered
Might want to get a lwayer involved, even though it is small claims court.

Before you do anything, have the lawyer write them a letter politely
explaining how much this is all going to cost them by the time
attorney fees are added, time off from your work, and anything
else that you can think of that is applicable.

Be sure and send the letter certified mail so if this does go
to court you can demonstrate that you went out of your way
to provide a resolution to this issue. The court will like that
as this is the fair thing to do first before going to court.

Many times a business will go ahead and do the right thing
when they realize that not taking care of something like
this is going to cost way more than taking care of it now.

It would be dumb on their part to throw away thousands of
dollars when all they have to do is either give the guy a good
piece or refund his money.

[couzin]

You can file the claim in the county where you
reside since you are the one that was ripped off.

I did not know that. County bought and reside are the same (Tarrant). Dealer is waaaay south. After S&W looks at the handgun and informs me of what they are willing to do, the suggestion of an attorney then small claims may be a great idea. It might cost me in the long run if I should lose, but at least I am not rolling over to play dead... Thanks!!