No obligation attaches with used parts.

I'm in the same line as Otto and the others.

You have no duty in the warranty of the item, but you cannot buy a clean conscience.

If you refund him because that is who you are, I commend you for that.

I would ask him what he expects you to do.

That may settle your question on how much, if any.

(And he should contact Barretta if he desires to go that route.)

quote:

Originally posted by rcsig619:
So awhile back I purchased a used slide for a beretta 96 on line. It was in like new condition.

Depending on how long ago 'a while back' was you may want to have a discussion with the seller of the 'like new' slide that broke after 5 rounds.

Here are the relevant facts, IMO.

1) you sold a defective item, but
2) you didn't represent it as 'like new' and didn't know of the defect

Can the person you bought it from say the same?

The 96a1 incorporated a recoil buffer to reduce shock to the slide. Which suggests to me that Beretta was aware the 96 had a deficient design. And you really don’t know whether the slide you sold him was compatible with his frame.

It’s admirable of you to work with the buyer considering the totality of the circumstances.

quote:

Originally posted by sigfreund:
Although it has nothing to do with the question posed, to address a strangely common belief, the 40 S&W cartridge is not a “very high pressure” round. The max SAAMI piezo pressure is 35,000 PSI—exactly the same as standard pressure 9mm Luger. The max +P 9mm pressure is 38,500 PSI.

Most 40 S&W loads generate more momentum than most 9mm loads and that causes more stress on the frames and slides of the guns chambered for the cartridge, but that’s a separate issue from its chamber pressure. It’s also why SIG pistols chambered for the 40 have heavier slides and stronger recoil springs than their 9mm cousins.

Thanks sigfreund. I almost ALWAYS learn something from your posts!

I'd probably offer to split the loss with him.

I agree there is no legal obligation, the part was sold with what I call a (street vendors) Bangkok Guarantee, You step off the sidewalk or make it a few steps away, it is your (the purchasers) responsibility.

Personally I would put myself in the purchasers shoes. Would I feel like I was sold a defective item? If so I would refund the full purchase price including what I charged for shipping. The only reason would be for my peace of mind asking myself did I do the right thing?

The only caveat would be is that I would have him ship the slide back for inspection as someone noted above and then give him a refund. Trust but verify.

Have you seen a picture of the slide so you know the buyer's not running a con on you?

I've completely quit selling anything because of people running cons. I now either throw it away or give it away.

If you decide to refund him, only do so after receiving the slide back.

I sold a magazine for over $100 (P7M13 magazine) and the buyer claimed that one of the welds broke and the magazine would not function. I asked him to ship it back to get a refund and never heard from him again.

Robert, regardless of what you do, if anything, your concern about doing ‘the right thing’ speaks volumes about you as a person. I greatly admire that!

quote:

I would ask him what he expects you to do.

That may settle your question on how much, if any.

^^^^^^^^^^^^^
Open ended questions are always a good idea. He sounds like a reasonable person.

i'll play devil's advocate.

say the item in question was a car -- value let's say at $25K and was running perfectly fine when you sold it. no known issues.

but 50 miles after you sold it -- just days later -- developed a catastrophic transmission problem.

would you give the guy back his $25K and take back a car that now needs a $4K transmission fix ?? i'm guessing the vast majority would not.

as long as you were 100% honest / up-front in the description no action necessary. sometimes unpleasant but hard truth buying used items. and oanother reason to consider buying ANYTHING factory new if possible -- at least there is recourse.

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No legal obligation to give him a refund.

Morality is a different question of course and you are asking about morality.

The fact that you are asking us our opinion suggest your morals are guiding you to offer a refund. But the money issue, which you asked us to remember, is tempting you to choose a different morality regarding what you already believe is the right thing for you to do.

Thus, your dilemma.

Assuming good everything regarding the cracking incident is above board, offering a refund or splitting it by half seem quite fair. You’re not the manufacturer. Just a guy who is selling a part they don’t need anymore.

Do what ever lets YOU not worry whether you did the right thing.