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Re: Custer Era Crap Shoot
Posted by Dick Hosmer on Saturday, 15 May 2010, at 12:27 p.m., in response to Re: Custer Era Crap Shoot, posted by John on Saturday, 15 May 2010, at 10:26 a.m.
John, I respectfully, but totally, disagree - a dealer should take ANY gun back at ANY time, if it has not been touched and is provably not as represented at time of sale. Also not being a lawyer - but I'll bet we have some here - I believe the truth is held to be an absolute defense against either libel or slander. And, the phrase "in my opinion" (to which everyone is entitled) should be used liberally. In fact, this entire post is my OPINION.
Did the buyer act prudently in this case? No, he did not do his due diligence. The $20 book from NCP would have eliminated the problem. He is getting on, but is certainly NOT senile, and, in fact is a long time collector of later-period arms, who should not have tripped into the pit that he did.
But, does that excuse the seller? NO, dammit, it does NOT!! This man went to someone who presents himself as an expert, with the expectation that he - from his wide advertising - was reputable and could be trusted. This dealer HAS been around for a long time, his website is - in my opinion - full of funny-looking guns with - again, in my opinion - some less than candid descriptions.
When called on the most recent case, I am told that all he wanted to talk about was the peripherals, which he HAD (almost) correctly stated - the receiver issue wasn't addressed. Fortunately, the buyer had the foresight to save all of the sales pictures, description, etc.
I guess the seller gets winked at by some of the other nationally-known dealers. At my age, I'm getting pretty darn close to thinking/saying out loud that said winking is ALMOST as bad as doing it yourself.
The bad apples should be ostracized - magazines should not take their ads - promoters ahould not rent them tables, etc. This particular seller carries, and recommends, my book - if I controlled the sales of same, he wouldn't be allowed to have it.
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