daruss Posted March 9, 2017 Report Share Posted March 9, 2017 Like an idiot , I sold my MP40 to. "High End" dealer.. The paperwork hasn't been approved yet. Can I legally cancel if I give him the money back? If I can't, does any one have an MP40 for sale at a reasonable price? The prices are getting out of control! Link to comment Share on other sites More sharing options...
Black River Militaria CII Posted March 10, 2017 Report Share Posted March 10, 2017 Payment has been made and transaction is complete, so the gun legally belongs to the new owner. ATF registration is irrelevant to ownership and only indicates to whom the gun is registered. Registration does not confer ownership.You can call the buyer and beg for mercy claiming seller's remorse but the decision to return the gun to you is entirely his. You can probably buy it back at his price…...You are not alone with this syndrome. Link to comment Share on other sites More sharing options...
wwiifirearms Posted March 10, 2017 Report Share Posted March 10, 2017 (edited) I would say it depends completely on the nature of the agreement, written or implied. If the deal was a simple sale and the buyer met their obligations, you are committed. While it is possible to cancel a transfer at anytime, before or after approval, as long as it is prior to the physical transfer, that has nothing to do with allowing you to back out of a deal. If you had a deal that required the buyer to meet certain conditions (such as paying a remaining balance), you could cancel a transfer if they failed to meet the conditions. Edited March 10, 2017 by wwiifirearms Link to comment Share on other sites More sharing options...
wwiifirearms Posted March 10, 2017 Report Share Posted March 10, 2017 Ps- your fastest option would be to buy your gun back and cancel the transfer, otherwise you might be waiting a 10-12 months for a transfer. Link to comment Share on other sites More sharing options...
Got Uzi Posted March 10, 2017 Report Share Posted March 10, 2017 It might also be wise to offer the dealer something for his or her trouble as they have committed operating capital to you. Say you give them 10% over what the agreed upon price was as a sign of good faith. It might sound crazy but it could be seen as a good will gesture. Dealers are in the business to make money, so to commit $15-$18K and not see a return is not a good business practice. Just some food for thought. Link to comment Share on other sites More sharing options...
Robert Henley Posted March 10, 2017 Report Share Posted March 10, 2017 Basic elements of a contract: 1. Offer2. Acceptance3. Consideration4. Capacity of the parties5. Legality of purpose Link to comment Share on other sites More sharing options...
MG08 Posted March 10, 2017 Report Share Posted March 10, 2017 Lets assume the dealer let's you out of the deal. All he has to do is send a letter ( or call) the examiner and tell them to cancel the transfer. He does not have to transfer the gun back to you. Whether he lets you out of the deal depends on the nature of the deal and his business model. HE may already have it resold. Good luck. Link to comment Share on other sites More sharing options...
huggytree Posted March 10, 2017 Report Share Posted March 10, 2017 (edited) id be nice and offer the 10%.....ethically you cant go wrong with this...he wins and you win if you dont care about ethics you have to figure how much of his time and $$ it would take to bring you to court....giving him $1-2k would make this not worth his while im seeing prices drop!.....at least on the guns i keep track of and watch actually sell...there are some crazy asking prices right now ($16k for a UZI, $13k for a S&W 76)......but none are selling...looks like pre july 2016 prices are back for a bit.....no one wants to buy a gun and wait 1 year and too many purchased before July(bought their dream gun early to beat the deadline) i see ATF frank put guns on sale, lowering prices each week and then finally putting them up w/ no reserve.......i dont see record prices on most guns right now good luck Edited March 10, 2017 by huggytree Link to comment Share on other sites More sharing options...
The Lone Ranger Posted March 11, 2017 Report Share Posted March 11, 2017 Like an idiot , I sold my MP40 to. "High End" dealer.. The paperwork hasn't been approved yet. Can I legally cancel if I give him the money back? If I can't, does any one have an MP40 for sale at a reasonable price? The prices are getting out of control! In short, yes - you can void the transfer if it has not occurred. Any claims of ownership are a separate world and in no way connected to the registration. If the buyer owns it, the buyer will still own it. If you own it, you will still own it. Link to comment Share on other sites More sharing options...
daruss Posted March 12, 2017 Author Report Share Posted March 12, 2017 Evidently, the buyer already made a deal with someone else to sell it.. I'm still begging the buyer to void the deal.. Link to comment Share on other sites More sharing options...
83Baron Posted March 12, 2017 Report Share Posted March 12, 2017 Why not just buy another mp40 or another subgun? Prices aren't too bad on several out there. Link to comment Share on other sites More sharing options...
daruss Posted March 12, 2017 Author Report Share Posted March 12, 2017 I'm trying, I have some ads up in other places.. Where are you finding them at reasonable prices?? Link to comment Share on other sites More sharing options...
83Baron Posted March 12, 2017 Report Share Posted March 12, 2017 Gunbroker has had several priced not bad for c&r and matching over the last few months. And you might also give David Spiwak a call since he has usually found what I was looking for in short order and great examples as well. Link to comment Share on other sites More sharing options...
DZelenka Posted March 13, 2017 Report Share Posted March 13, 2017 What do you consider a reasonable price? C&R? All matching or not? Tube gun? I watch MP40s pretty closely and may be able to steer you in the right direction. Link to comment Share on other sites More sharing options...
huggytree Posted March 14, 2017 Report Share Posted March 14, 2017 hasnt Frank ATF had several for sale lately? he is begging for buyers and has dropped prices to sell off guns that have sat...i know there was a mp40 there a week or 2 ago...maybe its still there not a fan of Spiwak...but ive only talked on the phone with him...he makes excuses and seems to be out of town for weeks at a time....he had an awesome deal on a S&W 76 a month ago Link to comment Share on other sites More sharing options...
Normal1959 Posted March 17, 2017 Report Share Posted March 17, 2017 I'm trying, I have some ads up in other places.. Where are you finding them at reasonable prices?? Probably just me, but depending on the condition of your gun, it might be worthwhile to just pay up and get better condition, on another gun. Win-win. I almost never shop price. I shop condition. Comes back at resale anyway and faster.Eric Link to comment Share on other sites More sharing options...
michaelkih Posted March 17, 2017 Report Share Posted March 17, 2017 Huggy, I've bought many MGs from Spiwak. He is a great dealer. Link to comment Share on other sites More sharing options...
83Baron Posted March 18, 2017 Report Share Posted March 18, 2017 Same experience with Spiwak several times, nothing but professional and no bs. I've always liked that he posts prices unlike the 'email for price' which gets old quick. Link to comment Share on other sites More sharing options...
geefal Posted March 18, 2017 Report Share Posted March 18, 2017 I won't get into the details unless specifically asked on the second problem, but I have bought one gun from and tried to buy a second from Spiwak and had problems with both deals. The first, where I purchased the gun was missing parts and when queried about it, he sent me replacement parts which were aftermarket (supposedly all original C&R gun) which I then threw in the trash (they were not even good replacements) and had to source the correct parts at my own expense. I will never buy anything from him again. Link to comment Share on other sites More sharing options...
daruss Posted March 18, 2017 Author Report Share Posted March 18, 2017 What do you consider a reasonable price? C&R? All matching or not? Tube gun? I watch MP40s pretty closely and may be able to steer you in the right direction.I'm looking for a C&R, doesn't have to be all matching, as I'm not looking for something minty.. Some of the ones with reserves @ 19,000 to 23,000 are high .. Link to comment Share on other sites More sharing options...
huggytree Posted March 19, 2017 Report Share Posted March 19, 2017 Huggy, I've bought many MGs from Spiwak. He is a great dealer. maybe 50% who buy from him have a different experience.....or just the vocal minority....i admit his prices are typically good, the guns look good(atleast w/ the poor pics).....his service is not even close to Ruben...ask Spiwak for a pic? he sends you 5 crappy pics instead of 20 great pics i will always regret not buying the S&W 76 from him...i had the $ and the interest at that low price.....i saw it sit for 2 weeks.....at that price any issues could have been corrected and still been a good deal. ive only had one blah experience with all the guns ive bought....he took forever to ship and i believe sent the paper work in late....also was in the middle of a ATF audit...ended up taking like 4.5 months for a form 3......condition was flawless though....most of my deals have been off GB and small dealers....ATF frank was flawless/efficient.....and i hear complaints against him too....for me he was one of my best experiences Daruss---im afraid to ask how much you sold your gun for....sounds like not so good of a deal...i see MP40s for sale...or maybe its the same 2 or 3 over and over.....all of my decent deals were on guns that were over priced and sat....after a couple weeks/months and in 1 case a year+ the dealer is finally willing to bargain for a correct price or even a good deal to unload it....Frank ATF has had a MP40 for a while i think....and i know he will bargain Link to comment Share on other sites More sharing options...
huggytree Posted March 19, 2017 Report Share Posted March 19, 2017 http://www.gunbroker.com/item/628455057 this one has been there for months....he sent an email tonight asking $18,900 offer $17 and see where it goes.... after 2-3 months+ they have to be willing to deal Link to comment Share on other sites More sharing options...
daruss Posted March 20, 2017 Author Report Share Posted March 20, 2017 I follow them on G/B.. A little high for me.. A individual contacted me about one he had for sale.. Original receiver, but a part kit was put on the rest of it. He wants around 15,000, what do you think? Link to comment Share on other sites More sharing options...
daruss Posted March 20, 2017 Author Report Share Posted March 20, 2017 As far as David Spiwak goes, I bought my first Class 3 from him 2011.. A SW76, he made the process easy for me, was flexible with payments, and he is a nice guy.. He doesn't say a whole lot, if you want to buy a product from him, the buyer has to ask questions.. Link to comment Share on other sites More sharing options...
huggytree Posted March 20, 2017 Report Share Posted March 20, 2017 saw one on sturm or subguns for $17,500 that says all original might be $17k is the going price? Link to comment Share on other sites More sharing options...
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