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Old July 24, 2014, 06:48 PM   #1
Sid
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Defective pistol sold to me on GunBroker

Last month I bought my first pistol from GunBroker. It was a Beretta Puma in .32 ACP and was in 98% condition. It was made in Italy and resembled the Model 1935. It came with the original box and instruction paper. The seller claimed that the gun had been in his possession for over 20 years. The seller also stated on his site that he did not allow returns. Since the pistol was in beautiful condition everything seemed okay to me.

Yesterday I took it to my gunsmith to have him check it out before I took it to the range. He just called me and said the gun was defective. It had been the subject of amateur table top gun smithing and part of the ejector had been broken off. Since this was an integral part of the frame it could not be replaced. It might be possible to epoxy a a new piece in place which might or might not work. But the cost to do this was prohibitive in terms of the value of the pistol.

I have never been in a situation like this before. I need some advice as to what, if anything, I can do next. I might add that the seller is an attorney.
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Old July 24, 2014, 07:07 PM   #2
g.willikers
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Without trying to intentionally be pessimistic,
You just know the seller is going to blame someone else for the defect.
For sure if it really was in perfect condition when he sent it.
And equally for sure if he knew the part was broken.
Are you absolutely sure the gunsmith didn't break it?
Anyhow, if you're going to be stuck with it, send us a picture of the damage and maybe someone here can come up with a suggestion to repair it.
An old friend was fond of saying that everything can be fixed except a broken heart.
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Old July 25, 2014, 12:26 AM   #3
JimmyR
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1) Contact the seller, and inform him the firearm is defective, and inform him of what your smith told you. Odds are, you won't get anywhere, but you can try.

2) I looked through the listing (not too many of those sold recently). The one thing I found interesting was that the seller never stated outright that the firearm functioned. He described the action, and the safety, and the condition of the finish, but never explicitly stated the firearm was functional. I don't know if that would impact your ability to file a complaint with Gunbroker, but I hope not.
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Old July 25, 2014, 07:36 AM   #4
chiefr
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How long between the time you received pistol and found it defective?

1. Contact the seller and see if he will make amends
2. Leave appropriate feedback and open support issue with GB. You will need to be descriptive.
3. If you used CC you can dispute charges. USPS MO, you can file mail fraud charges, but can take forever to resolve.
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Old July 25, 2014, 08:15 AM   #5
Skans
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Have you tried shooting the gun? It's only a .32acp - not exactly going to blow your hand off if something doesn't work on it. Maybe it works just fine with what is remaining of the ejector? You bought an antique - it may not be perfect, but it also just might work ok. I'd at least try shooting the gun and see what happens. About the worst thing that will happen is the shell casing will stop the slide from chambering another round. As long as the bore looks decent, I'd shoot it and see what happens.

PS: I still think the seller is a shady cockroach if he knew something was broken and didn't disclose it.

Last edited by Skans; July 25, 2014 at 08:20 AM.
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Old July 25, 2014, 08:53 AM   #6
kilimanjaro
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Isn't there an implied suitability for use? He didn't say it functioned, but he didn't say it wouldn't, either. Most vendors disclose such things, and his failure to do so indicates either intentional fraud or gross ignorance, either of which make him liable for the price.
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Old July 25, 2014, 08:57 AM   #7
AllenJ
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Contact the seller and let him know your gunsmiths findings before doing anything else. Just because he's an attorney we should not automatically assume he is scum
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Old July 25, 2014, 09:10 AM   #8
gyvel
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Your gunsmith is blowing smoke up your rear. The ejector is not an integral part of the frame as he states. It is a separate, replaceable part, and is available right now from Numrich for $12.50. Here's the link: http://www.gunpartscorp.com/Products/509990.htm

One thing that got me curious, however, is the lawyer claims in his description that the gun is double action. Sounds like a guy with a big ego that knows very little about guns.
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Old July 25, 2014, 09:11 AM   #9
Skans
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Quote:
Isn't there an implied suitability for use?
On a 50 year old firearm??? I guess I should have asked for a warranty on the 1964 1/2 Ford Mustang I purchased several years ago. How dare the seller not pay for the new floorboard I needed to install because the old one was rusted out!!
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Old July 25, 2014, 09:26 AM   #10
kilimanjaro
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Skans, did you inspect the car before you bought it, or was it over the internet?
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Old July 25, 2014, 10:16 AM   #11
jasmith85
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I am not recommending that you fire a gun that a gunsmith told you was bad but there is always the chance that the seller fired it and it worked even with the damage to the ejector. If that were the case he may have thought everything was in working order.
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Old July 25, 2014, 10:22 AM   #12
amd6547
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If your "gunsmith" suggested epoxy as the only alternative, he is not much of a gunsmith. In fact, it makes me think he is responsible.
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Old July 25, 2014, 01:15 PM   #13
Skans
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Quote:
Skans, did you inspect the car before you bought it, or was it over the internet?
Yes, I inspected it. Put it on a lift, but it had been undercoated with something. Other than that little detail I missed, it was a good car, but it cost me to fix the floor pan....and frame. It was rusted toward the top and I likely didn't know what to look for.

Live and learn............and pay.
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Old July 25, 2014, 01:25 PM   #14
Sid
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To GYVEL

The ejector you listed is for an all steel Model 1934 and will not work in my pistol which has an aluminum frame. The 1934 has 2 slots milled in the frame and the ejector has 2 flanges which fit into these slots. This provides a really tight fit. My pistol does not have these slots and the sides of the ejector are broken off. It is loose and it moves around very easily.

I did send an email to the seller. I described the problem and asked what amends he intended to make. My guess is that he will not even reply.

If I eventually want to file a complaint with GunBroker how would I go about this?I would need some concrete advice as to where on the site I should go, what I should enter, etc.

Also, thanks to all you guys for your help.
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Old July 25, 2014, 01:56 PM   #15
45_auto
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Quote:
Originally Posted by Sid
Since this was an integral part of the frame it could not be replaced
Quote:
Originally Posted by Sid
my pistol which has an aluminum frame
Quote:
Originally Posted by Sid
It is loose and it moves around very easily.
Well, is it an integral part of the frame or is it loose?

I find it very hard to believe that Beretta would use an aluminum ejector.

If you're really interested in help, best thing you could do is post a few pictures.
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Old July 25, 2014, 02:09 PM   #16
chiefr
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Quote:
If I eventually want to file a complaint with GunBroker how would I go about this?I would need some concrete advice as to where on the site I should go, what I should enter, etc.

Go to GunBroker. Click "Buyers"
You will be on "Tools For Buyer" page.
There will be a list of options you can take. You can click "Resolving problems with seller" This you should use if seller will not respond. Just follow instructions.
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Old July 25, 2014, 03:10 PM   #17
jasmith85
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If you are going to file a complaint through gunbroker you would be better off if you do it fairly soon. I have never had to go through the "resolving problems with seller" system on gunbroker but on the auction sites that I have they only give you a few weeks to make a complaint.
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Old July 25, 2014, 04:46 PM   #18
Brian Pfleuger
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Is the gun in question not this one? If so, is this not it's ejector?
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Old July 25, 2014, 05:55 PM   #19
amd6547
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#12 in this schematic:
http://www.gun-parts.com/ber-sch/Nov25_01.jpg
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Old July 25, 2014, 07:10 PM   #20
Sid
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The pistol you guys are showing is a Model 70. Mine is not a model 70. Mine is an earlier version that is an aluminum framed copy of the Model 35.
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Old July 25, 2014, 07:12 PM   #21
buck460XVR
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Even if the gun can be fixed, it does not justify the seller not informing you that it was broke.
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Old July 25, 2014, 07:27 PM   #22
JWT
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What kind of 'gunsmith' would suggest an epoxy repair?
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Old July 25, 2014, 07:30 PM   #23
Sid
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I just filed a complaint with GunBroker. I don't expect much, but I will let you know how this turns out.
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Old July 25, 2014, 08:22 PM   #24
Brian Pfleuger
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The part is still listed as available, see this page one row up from the bottom left.

If the ejector is "loose and moves around", I don't see how it could be an irreplaceable part. It's obviously not integral to the frame or it would be immovable.
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Old July 25, 2014, 08:35 PM   #25
Aguila Blanca
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Photos.

We need photos. (Preferably clear, not fuzzy cell phone snapshots.)
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