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What are my rights if the online seller will not honor his return policy?

What are my rights if the online seller will not honor his return policy?

Q: What should I do if a seller refuses to honor a return agreement?

If a seller refuses to honor a return agreement, first try to resolve the issue through direct communication. If that fails, consider documenting your communications and seeking legal advice. You may also explore small claims court if the amount involved justifies it.

Q: Are antique firearms considered 'as-is' sales?

Antique firearms can be sold 'as-is,' but this must be clearly stated by the seller. If there is no mention of an 'as-is' sale, you may have a right to a return based on any verbal agreements made during the transaction.

Q: What constitutes a valid return policy for firearm purchases?

A valid return policy for firearm purchases should be clearly communicated by the seller, whether verbally or in writing. This includes specifying any inspection period or conditions for returns. Without clear terms, buyers may assume a right to return.

Q: Is a verbal agreement enforceable in a firearm sale?

Yes, a verbal agreement can be enforceable in a firearm sale, especially if it involves terms like a right of return. However, proving the existence and specifics of the agreement may be challenging without written documentation.

Full question:

I purchased an antique firearm over the internet from a private individual. He represented the gun as original and valued as such $4,150.00. The seller provided a verbal assurance, standard practice on buy and sell that there is a three day inspection, right of return. The seller now refuses to refund the money claiming it is a layaway and as such no refund. The seller did not state no refund as is sale in the communication. What are my rights?

Category: Contracts
Subcategory: BuySell Agreements
Date: 04/07/2025
State: Colorado

Answer:

I am prohibited from giving a legal opinion. The answer will be a matter of interpretation for the court as to whether the terms of the sale included a right of return. If a right of return was stated, it will be an evidentiary matter of proof. A warranty or return policy will typically not be assumed, although an as-is sale may be assumed in their absence.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I return an antique firearm if the seller did not specify a no-refund policy?

If the seller did not clearly state a no-refund policy, you may have grounds to return the firearm, especially if there was a verbal agreement for a right of return. It's essential to gather any evidence of the seller's statements regarding the return policy. Generally, unless explicitly noted, a return option may be assumed.