I got a problem....

[Evil Monkey]

I had an airsoft toy gun. It was a pump shotgun that fired a little plastic 6mm pellet.

I had it for a while and decided to get rid of it. My brother one day came up to me and said that there was a 14 year old that hangs around one of his friends house that would want it. I wanted 20 dollars for it and gave it to my brother to sell it. My brother decided he wants to make a little profit by selling the airsoft for $35 and giving me $20, then he keeps $15.

Now the kid has buyers remorse and wants his money back. First, at least here in Michigan, a retailer cannot sell these airsofts to people under 18 years of age. Their parents must buy it for them. Does this apply to private transactions too? Considering he did not notify his parents he was going to buy this airsoft shotgun, and I didn't ask his parents if it was OK to sell it to him, am I obligated by LAW to give the kid his money back? Or am I exempt from any legalities a retailer must abide by?

[Len Budney]

IANAL, but you didn't sell it to the kid. Your brother did, for $35. You sold it to him for $20. Advise your brother to give the kid his money back. 

[Brad Johnson]

IANAL, but you didn't sell it to the kid. Your brother did, for $35. You sold it to him for $20. Advise your brother to give the kid his money back. 

Agreed.

Brad

[Evil Monkey]

So my brother has to give him his money back and not me?

My bro is a stubborn 17 year old who thinks he knows everything. There's no way I can convince him to give up the money.

I just don't want the kids' parents coming to my house harassing me talking about calling the cops and stuff like that all over a stupid toy. I shouldn't even give my portion of the money back because there are no refunds in a private transaction. But it's my misunderstanding of the law that scares me. That's why I asked if I'm obligated to give the kid a full refund.

Another thing, even if my brother gave the kid $15, he would obviously still want the other $20 because he did pay $35 total price. There's the problem, am I supposed to give the $20 with my brother's $15 to him, making $35?

[Declaration Day]

But it's my misunderstanding of the law that scares me.

First, you need to relax a bit!  You're talking about laws and cops over a situation that involves a mere $35 and a toy gun.  It's neither a real gun nor even a BB gun!

I don't think you're obligated to do anything, you turned the toy over to your brother, and what happened to it from there is his problem.

[Len Budney]

My bro is a stubborn 17 year old who thinks he knows everything...

Whoops--you might be screwed. Since he's not 18, I guess you're gonna need to find out if private sales are covered by that law or not. If they are, you should hurry up and pay off both minors to forget the thing ever existed in the first place.

--Len.

[Evil Monkey]

you're gonna need to find out if private sales are covered by that law or not

I don't think private sales are covered. I can't find any info that says a private sale is the same as a sale from a retail store. While the state of MI wants retailers to sell to 18+, they are still considered toys by the law. Because of that, it seems highly unlikely that private sales would be regulated. I mean, they are toys after all.

[Brad Johnson]

My bro is a stubborn 17 year old who thinks he knows everything. There's no way I can convince him to give up the money.

Tough cookies, he owes the kid $35.

You don't have a problem, your brother does.  It was his gun - he paid you $20 for it.  He sold it to the kid for thirty five bucks so he gets to return the thirty five bucks. 

Tell him you'd be glad to buy it back from him for five dollars.  Let him know the $15 difference is the penalty for trying to make a quick buck ripping off 14-year-olds and screwing over his own brother.  (amazing how the net amount out of his pocket is the same as what he thought he was going to clear on the "deal" )

Brad

[RadioFreeSeaLab]

IANAL, but you didn't sell it to the kid. Your brother did, for $35. You sold it to him for $20. Advise your brother to give the kid his money back. 

Yep.
And tough beans for the buyer's remorse.

[cassandra and sara's daddy]

bros 17?  he need to take care of it.  give him the 200 resell the gun  and slap him if he gets mouthy j/k

[Balog]

Your brother ripped you off and now he's whinging about it? That's why God, in His infinite wisdom, invented the Swirly.

[Phyphor]

Your brother ripped you off and now he's whinging about it? That's why God, in His infinite wisdom, invented the Swirly.

Frelling A right, bro.



(To apply the swirly, one must pick up the vic-er...badguy and upend him.

Place his head in the toilet and flush it.  Done deal.)

[InfidelSerf]

You're talking about laws and cops over a situation that involves a mere $35 and a toy gun

While I completely agree with that statement.  I am often amazed at the minuscule things people will go to small claims over.
(SWMBO for some reason likes those judge shows *gag*  people suing and wasting each others time over $50 or $100.. simply amazing)

However I'm in the caveat emptor group.

If the kid didn't buy it from you then don't give it another thought.  You gave it to your brother.
He sold it to the kid. If your worried about liability, like I said you gave it to your brother. The $20 he gave you was a separate matter and no one else's business.

[Werewolf]

It's a freaking TOY for Christ's SAKE!

Take a chill pill and stop frettin' over this.

Really, what's done is done. If you're so worried then give the kid his $35, take back the airsoft and take your loss out of your brother's ass.

[Sergeant Bob]

Where did you get the idea that in Michigan you have to be 18 to buy an airsoft?
I've never heard of that.