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#18447360 05/24/23
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A Browning .45-70 BPCR, serial # 07544NR2B7, listed on GunBroker by Texas Guns & Ammo (https://www.gunbroker.com/item/988725086) has a badly pitted bore. I very recently purchased the rifle, then returned it the next day. Upon initial inspection it was obvious the bore was badly rusted to about 8” in front of the chamber with some spotty rust further forward. I should have returned it immediately but spent a couple of hours cleaning the bore with Rem. 40X & JB Paste. At first, there was so much rust it resisted inserting a cleaning patch into the bore. After cleaning the bore & checking it with a borescope I returned the rifle due to the resulting pitting. After the rust was removed the pitting cannot be seen with the naked eye but is very obvious when viewed with a borescope. I informed the seller about the rust & pitting. He subsequently relisted the rifle & indicated it was professionally cleaned by me & the bore is fine. I feel sorry for the person that ends up buying it, figuring he/she is getting a good deal. I will guarantee, due to the significant pitting, any accuracy will fall off quickly due to bore leading & increased fouling.

Wayne


NRA & TSRA Lifetime member. NSSF member. Author & Publisher of the Browning 1885 BPCR book.
See www.texas-mac.com
GB1

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No legal advice intended nor to be taken. But... If you are a noted personage in your field, and your reputation may be adversely affected, you probably have a cause of action. The exact terminology might be determined in the State where the "utterance occurred. First consider exactly what the nature of your communications were with the seller in respect of the bore condition before and after your work. How you described your opinion of the bore.
I can't know these things nor the jurisdictions involved, or other relevant details. But there may be a 'net, net' from which you may derive some satisfaction.

The proposition is that some innocent third party may suffer from "detrimental reliance" on the alleged pronouncement of a professional in the field. The "representation doesn't have to be literal. An unscrupulous person can weave a picture which creates entirely false "inferences" from entirely true facts.

Judges, regularly look past words to determine "intent" of parties to a transaction. It seems to me that here, 'if' you quite positively expressed your "professional opinion" that the bore on the subject rifle was badly damaged, the seller may well have incurred an obligation of disclosure. Insteand, if i understand your allegation, the seller, "with knowledge and inteent" acted affirmatively to create a fabrication of exactly the opposite condition of the rifle than you determined. That such "false aura" is material in terms of value, and reasonable expectation of the buyer.

That the seller has provided sufficient information that a buyer or third party may reasonably "construe" the identity of you, the bore examiner, rendering professional judgement, which by "device or artifice" has crafted and cast as a false representation of your evaluation. That the seller has committed a constructive fraud in involved you in your person and in your professional name and standing. That such is a fact which the Seller himself represented in stature and which fact of such reputation the Seller precisely intended to convey in terms of sale enhancement.

The consequence, the seller has uttered in writing resulting in print, that has both harmed your reputation from that moment as Libel. That as any person may rely on your reputation they have also been harmed in respect of false and fraudulent reliance. That both you and the buyer have been separately harmed and that each has an independent cause of action against the Seller.

The nature of the claims depends on the laws of the State where the falsities were uttered in (Internet) print format as act of publishment. Whether or not the rifle is actually sold, you have been harmed in your professional reputation.

***

Again, DISCLAIMER. I cannot be involved in any legal context - nor do I wish to be. This is ten minutes off the top of my head & unedited! A "case of first impression" and impromptu. That said, I do believe the "practical" solution is to send a strong protest to Gunbroker with a copy to the Seller. Because laws can vary considerably, safest to check with a qualified lawyer within your State first. Despite words above, it isn't likely worhwhile to make a case in law. But a strong protest of two points. False claim affecting the firearm value and your reputation put on the line by the false claim. Just for you: Empahzing that "words" can be factually true and at the same time be weaponized to create a false representation using your professional reputation which the seller emphasizes. A most difficult part of a "professional reputation" damage is whether there is such at all. The Seller as I read the "defaming" words, proves that element for you!

I enjoy viewing transactions like this and 'IF' I understand the transaction correctly, I'm angry as you too!
God Bless!
Best of Luck!
John
NO LEGAL ADVICE INTENDED, NOT TO BE TAKEN!!!

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John,

Do you have legal in your background ? Curious is all.


Old Corps

Semper Fi

FJB
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Sorry, Just saw your inquiry. Answer is yes! But long retired. Add, "happily"! smile
Best!
John

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Good for you !


Old Corps

Semper Fi

FJB
IC B2


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