Misrepresentation of Condition of Sold Firearm • Breach of Warranty of Merchantability • False Report of Theft
Houk v. Mitchell, PICS Case No. 16-1371 (C.P. Lawrence Sept. 30, 2016) Hodge, J. (9 pages).
The initial inspection of a revolver purchased in an online auction was sufficient to complete the transaction, but on closer inspection the purchaser discovered the condition was not as advertised and contacted the seller later that day. The seller refused to work with the purchaser to resolve the situation, and it escalated to a payment stop on the check. Seller responded by reporting the revolver stolen, and purchaser filed a lawsuit. In a bench trial the court found seller had misrepresented the item and his conduct had prompted the suit, and awarded partial legal fees to purchaser. Seller appealed and the court reviewed its reasoning for the appellate court.
