gun deposit

simonmurphyeire

A friend of mine put a deposit on a rifle a few months back and in the meantime he lost his job so has decided not to get the rifle. (He didn’t actually apply for the cert during that time either). Anyway, he went back to the gun dealer to get his deposit back but the dealer refused saying he needed to get a letter from the gardai to say he doesn’t have a cert. Has anyone else experienced this? Is this normal procedure?

jap gt

i assume he needs the cert to prove your friend doesnt hold a licence for the gun, he would need proof because if he had futher interest in the gun the interested person would have trouble getting a licence if your friend held it

bunny shooter

The dealer normally only takes a deposit on the understanding that it is returnable only if a licence is refused by Gardai. If the buyer changes their mind etc the deposit is lost.

This is the way all the dealers I know operate.

fish slapped

Afaik, bunny is right !

pedroeibar1

You do not give the cost of the rifle or the amount of deposit. Nor do you say if it was second hand or a new one being ordered in for him by the dealer who is now stuck with an unwanted gun. There are several issues here.

Firstly is the one of a legal contract. The dealer offered to sell a rifle, your friend accepted that offer and paid a deposit, thereby forming a contract to buy subject to receiving a licence. Implicit in that process is the need for him to make every effort to obtain a licence. Applying for it is the first step of that process.

Secondly, your friend lost interest in the contract, he made no effort to apply for / obtain a licence, so he is in breach of the contract with the dealer. Nor did he bother to inform the dealer that he had lost interest, which, apart from bad manners and poor business behaviour is a black mark against him.

Meantime, the dealer has stored a rifle for months, has taken it off sale and probably lost its sale to other potential customers.

Legally your friend does not have a leg to stand on IMO. Depending on the amount of the deposit, cost of the rifle, etc., the common sense answer is for him to go to the dealer, show him his Soc. Welfare card and plead that because of job-loss he cannot complete the purchase. Suggest to the dealer that he take x% of the deposit as a gesture and ask for a refund of the balance.

Loss of a job is not a valid excuse on what you’ve said. Nor am I saying that he deserves a refund.

P.

BELOWaverageIQ

As has been said above,
but especially if the guy didn't even bother to apply for his liscence then he does not have any right to expect his deposit back.

simonmurphyeire

thanks for the feedback guys