Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:12/08/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I purchased a used Springfield Armory XDM 9mm firearm on Gunbroker.com on 11/12/2023 for $411.65. The item number on Gunbroker.com is ********** and the order number is 23297959.After receiving it, I found it to be in poor condition and so rickety it would be unsafe to use. I was not able to pull the slide bolt back because it was very clunky and worn out. I own two of these exact firearms and they operate smoothly and are very easy to operate the slide bolt. The seller stated in the ad the pistol was in excellent condition and belonged to a meticulous collector that takes amazing care of his guns. The gun he sold me is a piece of worn out junk and he refuses to give me a refund. I offered to take the firearm to my FFL dealer and ************** to obtain a report showing the firearm is unsafe but the seller declined my offer. I have emailed the seller multiple times and spoke with him on the phone and he was ***** and said *** me. I also filed a complaint with Gunbroker.com and they are unwilling to step in and support their money back guarantee. I was reasonable when speaking to the seller *********************************** and suggested a refund minus taxes and shipping and offered to pay the return shipping but he was arrogant and abrupt. Please let me know what additional information is needed. Thank you for your consideration and help.

  Business Response

  Date: 01/08/2024

  On 02 December 2023 at 5:30 AM I received an email from the buyer of the firearm which is not the person who filed the complaint. I believe the person who filed the complaint is married to the purchaser but I am not sure.
  
  I opened that email about about 7:35 AM and sent a reply in less than 5 minutes. The email is time stamped 7:40 AM. In that email, the buyer stated that the firearm was in poor condition and that he wanted to return it. I replied that the policy on used firearm sales are As - Is / No Returns. That is also listed in the original sales listing. Still willing to work with him at the time, I asked what was wrong with it.
  
  After emailing the buyer, I received a follow up email at 8:33 AM and he replied with what are design features of the firearm, not defects. This is his email in its entirety:
  
  Good morning ****, 
  There is a groove in the barrel due to many rounds being shot through it. It gives new meaning to the phrase of "road hard and put away wet" and does not reflect recreational shooting but heavy duty usage. The slide does not pull back smoothly or easily. My wife has many hand guns and has no issues pulling back the slide on any of her or my hand guns and she can't even pull the slide open. I have trouble with it as it is very difficult and clunky. After you struggle to open it, the barrel wiggles around and fits loosely in place. I believe this hand gun is not safe to fire in it's current condition and am willing to take it to a gun ***** to have this verified. I am requesting to return the firearm for a full refund. Please let me know what our next steps are. I already gave you glowing feedback, at your request, but am willing to revise my review and take necessary action to recover a refund. Thank you. 
  
  After receiving that email, I called him and didn't get an answer but he did call me back later that morning. From the moment I answered the phone, he would repeatedly talk over me and dismiss everything that I said. When I explained that the defects he was talking about were actually the design of the firearm, he dismissed what I said and kept saying that I sold him a piece of junk. I was still willing to attempt to work with him and began talking to him about a partial refund but he kept talking over me and then started raising his voice threatening to file litigation. Once he started threatening litigation, I informed him that I would not be issuing him a refund and he stated that he has an attorney on retainer for things just like this and that is when I said "then sue *************** firearm in dispute was in excellent condition when it was in my inventory. It was on consignment from a very meticulous collector and had less than ***** rounds fired during the time it was in the previous owner's possession. The pictures that were posted of the gun were very detailed and showed the correct condition of the firearm. The listing stated that it was a used firearm and that it was sold As-Is / No returns. That is the policy of most dealers on used firearms. The buyer left me a glowing review originally and changed it once I refused to accept a return.
  
  One of the biggest problems with accepting the return is that he took the firearm home from the receiving FFL. If he had raised an issue while it was at that dealer, I would have been fine with him returning the firearm. The main problem is that he took it home and then several days later raised the issue. I have never met a firearms dealer that will accept a return after someone has taken a firearm home and I also never will accept a firearm that someone has taken home. I would have no idea what he had done with the firearm or to the firearm. That is a liability that myself and no other firearms dealer can accept. Also, he stated that he would have the receiving FFL inspect it and issue a report stating that the firearm was defective. The problem with that is that he stated several times that the receiving FFL was a close and personal friend. 
  
  He filed for buyers protection through the auction website Gunbroker.com and states that they are unwilling to step in and support their money back guarantee. I do not know for sure but I suspect it is because they agree with me that the supposed "defects" are design features that he doesn't like. I make it a point to make sure that my customers are happy with their purchases. When I have a customer yelling at me, that is when I will "Fire" the customer and that is exactly what I did with this customer. To date, *************** is the only customer that I have ever had to fire. 
  
  Thank you,
  *****************************
  J&M Transfers and Sales LLC

  Customer Answer

  Date: 01/08/2024

   
  Complaint: 20972883
  
  I am rejecting this response because: the seller represented this firearm as in excellent condition and it is in fact a worn out piece of JUNK. I own 2 of these exact firearms and they both operate perfectly unlike the piece of JUNK sold by the seller. He is selling used firearms on consignment and ripping off unsuspecting buyers. Gunbrokers.com sent me an email stating the seller was uncooperative and they could not step in to obtain a refund. They did not take sides to determine if a refund was in order, they simply received zero cooperation from the seller to recover the payment. This seller gives FFL dealers a bad reputation and I will never purchase from him or Gunbrokers again. I believe a full refund is in order and understand there are laws to protect people from being scammed. I was hoping to not file a lawsuit against this person and believed the Better Business Bureau would be a sensible solution. I leave it up to you to make things right and continue to protect consumers from such unethical business practices. Thank you for your consideration and help. 

  
  
  Sincerely,
  
  **** Dell

  Business Response

  Date: 01/16/2024

  First, I will once again state that I have no business dealings with the complainant. I did have one transaction with someone that I believe to be her husband. I will once again state that the firearm is/was in fine working order when I shipped the firearm to their chosen ***. The buyer of this firearm stated that the *** was a good friend and gunsmith. Part of the responsibility of receiving firearms as a *** are to inspect incoming firearms. If the firearm was in poor condition and poor working order, it would make sense that this *** and gunsmith would make the buyer aware of that. It would also make sense that the buyer would inspect the firearm before filling out the *** Form **** and having the background check conducted. If there had been a problem then, it would also make sense that I would be contacted before any such transfer took place and it didn't. I wasn't notified until days later. As I said before, I cannot and will not take back a firearm that has already been legally transferred to a new owner. I would have no clue what that person did to the firearm or what they did with that firearm and that is a liability that no firearm dealer will accept. 

  As for Gunbroker, there has been no attempt to recover any funds related to this transaction. For claims under the Buyer Protection Program,  Gunbroker requires that the firearm be inspected by a gunsmith of their choosing to determine if there is a problem with the firearm in question and that report would be sent to both the buyer and the seller. I have yet to see any report. If gunbroker felt that there is a reason to recover funds, they would automatically debit my bank account because they have access. Also, the Buyer Protection Program claim is still in pending status so I do not see how the buyer can claim that ********* said that I was uncooperative. 

  I will state yet again that this is a case of buyer's remorse and that is not my responsibility. I sold a firearm that was in fine working order. If it is a worn out piece of junk that the buyer says it is, why didn't the receiving *** that is his good friend or himself say so and refuse the transfer?

  Customer Answer

  Date: 01/18/2024

   
  Complaint: 20972883
  
  I am rejecting this response because:
  The seller sold a worn out piece of JUNK. I provided a picture showing excessive wear on the barrel of the firearm from having thousands of rounds of ammo being fired through it. I have 2 of these identical hand guns and neither one of them is showing this excessive wear and abuse after over 10 years of ownership. I offered to get a gunsmiths report showing the abuse and verification that it is unsafe to fire and the seller refused this. I expect a FULL refund from the seller and nothing less. I am prepared to *** the seller if this is not resolved here. 

  Thank you. 

  Sincerely,
  
  *************