If you make a trade, can one person want to back out 4 months later?

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lowbud

New member
Hi everyone.. I'm new here.. I hope to be joining the discussions here on a regular bases. Anyway here's the scenerio...

Back in December a friend of mine told me bud of his was looking for a laptop, He asked if I had anything. I said sure.. So we both go over to this guys house to let him check it out. He likes it.. and wants to make a deal. while we were talking, I mentioned I was in the market for a specific type of rifle. This guy had one and said I'll be right back.. Oh man.. I was excited.. like w00h00 this may be my lucky day!!!

Anyway he brings out the gun to show me.. I like it.. So I ask him what he wants for it.. he responded, what'll ya give? like all horse tradin nobody ever makes an offer.. they want the person holding the item to say what they want or would like to have.. so I put the ball back in his court and said let's make a deal.. What would it take for me to get this rifle today.. He responded with "The laptop and X amount cash., I responded with SOLD!

This week I hear from this guy that he wants his gun back. he said I took advantage of him. he said he would take me to court. Is this possible? I've had the rifle nearly 4 months now.

Is this possible? I have no intention of reversing the deal. I can't help it supply, demand and obama made this rifle's value go up.

This sucks!
 
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flippycat

New member
sadly he can just take you to court, him winning the case though is a whole different ball of yarn. What state is this in? What kind of rifle was it? Do you have a bill of sale or any documentation on the trade? Sneaky snakes like that you need to watch out for, if there is no documentation you may want to go to court so it is legally documented as your rifle.

I got to ask....did you happen to mention to this middle man the current price of the rifle and you were thinking of making a buck on it? Sounds like someone may have mentioned it to the guy you got it from which is what sparked this sellers remorse.
 
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darrentxs

New member
I'm not a lawyer but I'd say you are fine. He set the terms and agreed to a verbal contract and that's that. (You should have written it out and signed though.)

Just make sure your other friend that was present is a good witness for you if needed. Chances are the guy won't go to court anyway. I'd tell the guy you traded with to get over it, he traded the rifle away and it's belongs to you now.
 
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lowbud

New member
No bill of sale.. all between good'ole boys. well.. some of us are anyway. It's in TN. Yea I was talking about it all the way back home.. But not to make a buck. heck it's not for sale at any price. It's not even a top notch item. I did get a good deal but it's the deal the man made.
 
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lowbud

New member
Oh yeah.. my buddy is a good whitness. I can't imagine it going anywhere. i mean were not talking a huge value anyway.. under 1k. So for the price to take it to court he can hit gunbroker for another. It makes no sense
 
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TargetTerror

New member
All laws are of course jurisdiction dependent, but contract law (which is what this sale would fall under) generally works like this:

Was there a valid offer?
Was there a valid acceptance?

A valid offer requires everything that is needed to accept said offer - basically, price and terms. The more specific, the better. Him saying he will sell you the rifle for the laptop and X amount of money would be a valid offer that you can accept.

And you clearly did accept, since not only did you say yes and exchange the goods for payment, but he even came to you requesting back what is now your rifle!

He shouldn't win in court, but having to go to court will be a greater hassle in and of itself. Also, anyone who would take you to court over something like this would probably do a lot worse, at least harassment wise. Good luck.
 
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jesus5150

New member
He's just ****** because the laptop is obsolete now and the gun is only appreciating. (and yes, the laptop is obsolete... They are the day after you buy them) He's probably sick of World of Warcraft and... Uh... Well the other thing commonly searched on the internet and is wishing he had his toy back. Just hold your ground and agree to all of his threats.. Court? Fine lets do it. And then ignore him. I had the same problem with a car I sold, I had a car with a custom turbo job that blew up a week after he bought it. By the way it blew up it was clearly his fault (High RPM's on a cold engine and the rod ends were blue) so I offered to help out to be fair. But when he demanded his money back I politely refused, he threatened to take me to court and I simply said, "Ok, i'll be there. Have your attourney contact mine" and I gave him my attourney's number. Never heard from him again
 
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LoneWolf22056

Moderator
LOL
He's got absolutely no case against you. The rifle did get registered in your name, I presume? I'd tell him to bring it on.

EDIT: He'd be a fool to harass you illegally. You have his gun :p
 
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lowbud

New member
There are no registration laws here. If it's not HOT it's yours. I really can't imagine this guy going anywhere with this. But who knows. there are tons of nutbags out there.
 
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SilentHitz

New member
He's been using the laptop for 4 months...he don't have a case. A few days, and he finds something wrong, yea...but to want to trade back after 4 months? No way, tell him to put his big boy panties on and act like a man.:rolleyes:
 
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woad_yurt

New member
If you make a trade, can one person want to back out 4 months later?
Click to expand...

They can definitely want to back out of it but to actually back out of it they need you to say "OK." A deal's a deal.

Just curious: What type of rifle is it?
 
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goodspeed(TPF)

New member
I say NO WAY. Tell him to pound sand.

Just for our information please post the exact specs of the laptop and the rifle. Thank you. -Goodspeed
 
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coldbluesteel

New member
This guy has no case.

Of course he can take you to court for anything he wants. Proving it is another matter. Especially if you have a witness to the trade.
 
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lowbud

New member
Yup. I didn't know it at the time. I hadn't done much research on them I just kinda wanted one for my collection. I researched it after the fact. When I got this one I was seeing like rifles in the $400 range. Now ya can't touch them for under 600.
 
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buzz_knox

New member
You can be sued for anything but he is very unlikely to get beyond the smell test. You can never be 100% sure of such things as you can always draw a bad judge (or a good judge having a bad day).

There was an offer, an acceptance, and consideration. Thus, the contract was made and fulfilled. It didn't have to be in writing for it to be valid. Courts don't typically get into whether the consideration was sufficient or not, as the principal concerns are whether the contract is valid and doesn't offend public policy, not whether either party got a bad deal.
 
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