Conducting a sale ?
Posted: Sat Apr 29, 2017 8:57 am
In the process of conducting a private gun sale with an individual (buying or selling) how do you proceed and what are your requirements ? Thank you .
The focal point for Texas firearms information and discussions
https://texaschlforum.com/
I'll let the real lawyers chime in, but even a cash sale is a "contract" under the Uniform Commercial Code. For "valuable consideration" (your cash, check, CC, etc.) a seller relinquishes ownership in an item. Offer and acceptance. With a contract both buyer and seller may require proof of the terms of the transfer (in this case a receipt). In the case of a private gun sale, both the buyer and seller may request whatever paperwork they deem necessary for whatever reason they deem necessary. As long as they both agree, there's a "sale." "Cash" has nothing to do with it.bigtek wrote:Cash only. As the buyer I want a receipt/BoS and I'll give one as the seller, but I don't think the seller needs a receipt any more than Target needs a receipt from me if I buy a television and pay cash.
My apologies if I confused you by answering the OP's question.G26ster wrote:I'll let the real lawyers chime in, but even a cash sale is a "contract" under the Uniform Commercial Code. For "valuable consideration" (your cash, check, CC, etc.) a seller relinquishes ownership in an item. Offer and acceptance. With a contract both buyer and seller may require proof of the terms of the transfer (in this case a receipt). In the case of a private gun sale, both the buyer and seller may request whatever paperwork they deem necessary for whatever reason they deem necessary. As long as they both agree, there's a "sale." "Cash" has nothing to do with it.
I'm not a lawyer, and this is not legal advice. Just my opinion.
chuck j wrote:how do you proceed and what are your requirements ?
I was responding to your "cash only" and "I don't think the seller needs a receipt any more than Target needs a receipt from me if I buy a television and pay cash." It appeared to me that you believed "cash sales" were different than other types of sales. That's all.bigtek wrote:My apologies if I confused you by answering the OP's question.G26ster wrote:I'll let the real lawyers chime in, but even a cash sale is a "contract" under the Uniform Commercial Code. For "valuable consideration" (your cash, check, CC, etc.) a seller relinquishes ownership in an item. Offer and acceptance. With a contract both buyer and seller may require proof of the terms of the transfer (in this case a receipt). In the case of a private gun sale, both the buyer and seller may request whatever paperwork they deem necessary for whatever reason they deem necessary. As long as they both agree, there's a "sale." "Cash" has nothing to do with it.
I'm not a lawyer, and this is not legal advice. Just my opinion.![]()
chuck j wrote:how do you proceed and what are your requirements ?