Welcome to the family and god bless you. I believe since the seller disclosed the defect and the buyer bought it anyway you are good. But I would definitely get it on paper and notarized, both buyer and seller together when being notarized. The wording should say buyer knew about the defective firearm but bought it anyway. Something like that. Some buyers buy it anyway because they feel its a simple fix at a good price. Cover yourself.
Since we are talking what ifs, lets change the narrative slightly.
What if you neigbor introduced a young man to you and your 18 year old daughter. Nice looking well groomed young man wants to take your daughter out on a date. Later the daughter is found dead. During the investigation the neigbor admits to the fact that the young man had a mental disorder. what would your reaction be? Death or injury that can be avoided but isn’t can hold no excuse. If you know of a defect and it is not revealed, in my view you are the villian.
Anything man made can have faults. Faults must be identifed and corrected, just look at the vehicle recalls.
If it is bad say something and fix it, passing down the line does no good.
I would only sell a problem gun to someone with full disclosure. I traded a S&W .22 auto for a bunch of .45 ACP ammo. The gun would only function properly with CCI mini mags… Buyer was OK with that.
I have had 2 other guns that were replaced by the manufacturer. I was sent new guns from both of them. I sold them un fired. LNIB.
Even a bill of sale like that will not protect you. Alot of companies try to force you to go to arbitrage and they get shot down all the time same with EULA.
If a DA really wanted to force I think a case could be made for manslaughter and depraved indifference.
I would just drop a better trigger in it and keep it.
I can understand that word spoken cannot be used in court…but l if legal contact signed by both sides means nothing…so what’s the reason for all the contracts of the World?
It comes down to lawyers.
Everything comes to the lawyers… but the reason for signed contract is to make all clear, so lawyers cannot do much.
Well I am fairly certain that if I signed a receipt for a gun and then that gun killed me the next time I pulled the trigger on it. I feel pretty good about my heirs being able to get a successful civil suit verdict and I feel a DA could probably get a conviction on. It does depend on the severity of the consequences or whether anything was under or misrepresented.
That’s what civil court is for.
So you telling, that buyer signs the contract with these terms:
The Buyer accepts receipt of the Firearm described herein and understands and acknowledges that the firearm is sold “as is” condition without any guarantees of warranties of any kind, either express of implied
which were written or even suggested by the State and then DA, who represents the State, is going to charge me because everything was done according to the State’s document? no, no… he can try to charge me… but he is not gonna win for sure.
I know the power of the signature. I went through it already. The only way to break the signed contract is to prove that I was forced to sign it against my will, or I was somehow irresponsible signing it.
I know, in this Country, everybody can sue everyone for everything… but this everything has its limits…
My friend, I have broken so many leases, contracts, and binding arbitration agreements in my career as part of my jobs duties.
Think about what the OP said. He sold a defective gun knowing that it could malfunction and kill someone.
Think of how many used cars have been sold as is with no warranty implied explicit or implicit but then the original manufacturer had to do warranty work on a malfunctioning part. That just happened 4-5 years ago Toyota had to recall 3.5 million cars for the accelerator sticking. I am not saying all 3.5 of those Toyota’s were as is but I’m willing to bet some of them were.
I had a Saab Aero 6 cylinder convertible that I bought with no warranty and Saab wasn’t even in business anymore and at least once a year I would get a notice about some warranty work that had to be recalled because of a factory defect. Then I would have to drive to Atlanta’s Maserati dealership cause they had the only mechanic in the entire Southeast that could do Saab warranty work.
There’s a new one in Chattanooga now.
I understand your faith in contracts but I’ve seen far to many voided. Then one that ended in a death, well I hope it never happens to any of us.
I don’t want to argue with you.
no, he clearly posted:
you fully disclosed the nature of the failures to the new buyer
and contract says:
Buyer […] understands and acknowledges that the firearm is sold “as is” condition without any guarantees of warranties of any kind, either express of implied
It sounds simple…
Your examples with cars are OK… but we are talking NOT about factory warranty, but seller’s responsibility.
If you bought a used car from private seller and you had unfortunate accident… are you going to blame and sue previous owner?
I’m not talking about factory warranty. I am specifically talking about cars that had no warranty, yet the maker of the car provided a fix. Because when you get to talking about killing someone with something you have sold them with an as is clause. You seem to think that is the gold standard and that’s simply not the case in product liability.
Let’s take this to messages as I am sure very few are interested in our conversation about the sufficiency of a written receipt.
Yeah… I’m might be mistaken with this particular case. All these were hypothetical but it seemed to be reasonable to do anything to prevent being sued.
What you can do more? You’re selling unreliable firearm and notify buyer about the issue. The buyer agrees with the issue. Whatever he is going to do with the firearm, it’s his choice. Why the whole supply chain has to be blamed for his decision?