Bought a "new" XD(m) that doesn't seem really new, can I ask for my money back?

T

ThomasH

New member
Hi folks,

Back on the 26th of May, I bought what was sold to me as a brand new Springfield XD(m) .40 caliber, with Night Sights. I even cupped my hand around the rear sights to see if they were really night sights, and they glowed, so I was happy.

I took the box home and put it on the bed and forgot about until bedtime, when I thought, "Ooo, it's dark, let's check the night sights!" I took the gun out of the box, and the front sight was 'dead', no glow whatsoever.

I brought the gun back to the shop (One Shot in Newtown, Ohio) and they called Springfield to return the slide.

A bunch of crap happened, like one salesperson nervously claiming that bad Tritium sights is the biggest problem they have with the XD guns, but then when I asked him if it was common problem, why didn't they check the guns before they sold them, he stammered that it was a big problem, but not THAT often! Then Springfield sent them an RMA they didn't use, then the shop waited ten days to call for another. Then when Springfield got the slide they saw the night sights were NOT any kind Springfield installs, so they called the shop on the 21st of June to ask what was up. The shop never returned their call.

I called Springfield this morning, the 28th of June, to ask why it was taking over a month to get my slide fixed. Springfield let me know that my gun (by serial number) did not leave the factory with night sights installed, and that someone put these sights on it after it left the factory. They also told me about how they were waiting to hear back from One Shot about what they wanted to do.

I called the shop and "nobody knew anything". They called back saying they had called Springfield and heard the story and had no idea what was going on, that they never knew the night sights were not the proper ones, but they were having the proper night sights installed, the slide sent back, "and that is the end of it!"

I asked them how these aftermarket sights got installed, since the gun left the factory without any night sights, and why they didn't respond to Springfield sooner, why I had to wait a month and call Springfield myself to get anything happening, and the owner's wife (that handles the 'business' end) just repeated, "We are having the proper night sights installed and the slide shipped back to us, and that's the end of it!"

I think something fishy is going on, and I don't want any part of it. Do you think I am justified in asking for my money back? I know they are signs all over the store that say "Gun Sales Are Final!" but this seems like misrepresentation. They sold the gun as a new "from the factory" XD(m) with night sights, but it never left they factory with night sights, and someone had the gun before I did, long enough to install these (defective) aftermarket sights. To me that is NOT a new gun! Who knows what else has been replaced, or is wrong with it?

What do you think? Should I be able to get my money back?

Thanks for your attention!

- Thomas
 
If you feel that way, ask for your money back. But if they say no, you really have no recourse. Attorney's fees, etc, will be more than the gun.

Does the rest of the gun look new? Abrasions where the slide rides on the frame? Marks on the barrel symptomatic of a semi auto?
 
I honestly think you're 100% justified in how you're approaching this. I've worked retail for 6 years. And I understand the pain with which many people are wrought when something doesn't go quite right with a "new" product.

I'm willing to bet there's a lot of awkward weird pandering to try and pass the blame from one person to the other in this case. The XD(m) is a great gun (though, to me, it's a bit much), and I hope you get it all sorted out and get set up with a fantastic XD derivative. They're my favorite tupperware and I hope you get it all sorted.

PS. Don't blame the salesman for sure. They're usually the "least" informed regarding product. I know I've sold a couple things as "new" and then had to deal with the customer later when they found it wasn't "new" and then had to go through the chain of command to find out where this "new" product ended up getting labeled as "new."
 
I personally would call the better business bureau and notify them of whats up then ask for your money back.....I think they sold it under the pretense that you wouldn't be smart enough to figure it out....and when you did they choked up and tried to stall.....I would certainly push for a refund.....And i wouldn't take no for an answer regardless of their policies.

If they indeed sold it as NIB with sights not belonging too it per factory information...Then they mis represented the product and IMHO should be sanctioned not only by the BBB,but also by the company of the weapon as
a bad distributor and need to give you a "full" refund.
If they don't then you might have a claim thru the BBB as bad practices
and improper business ethics.

Don't take no for an answer.....push for what you believe is right an just
as you deserve what you paid for.

Also i would like to add.....The sales people should know what they are selling or they need to get out of the business....Saying "I didn't know it wasn't new when i sold it is no excuse......It's a bull sh^%& excuse to keep them selves off the hook.If your in business then its you job to "Know".
 
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Thanks for the responses...

Thanks for taking the time to respond!

> "Does the rest of the gun look new? Abrasions where the slide rides on
> the frame? Marks on the barrel symptomatic of a semi auto?"
>
Well, it doesn't look unused, but I know they fire them at the factory, but it also doesn't look heavily used. The ramp looks fresh, and the "action marks' are minor on the slide supports. I've asked Springfield to look at the slide, they are going to call back tomorrow with their opinion. But there are a few gouges here and there, but that may be normal, they aren't on a 'bearing' surface.

> "I honestly think you're 100% justified in how you're approaching this."
>
Thanks for the support, if it was just a factory-defective sight I wouldn't care, but the business about not leaving the factory with night sights, and being sold as a factory equipped model makes me queasy! What else was replaced, modified, misused...

> 'I personally would call the better business bureau and notify them of whats up then ask for your money back....
>
I won't give up easily, but I think I'll ask for a refund first. If they give me a hard time, then I will call the BBB, the ATF, complain to Springfield and file a Small Claim.

- Thomas
 
While your speaking to Springfield, you might ask who they sold the gun to. Often there is a distributor involved. Might be interesting to see how many hands the gun went thru before it made it to your dealer.
 
You may also ask Springfield what distributor was the gun shipped ? And ask the Gunshop from what distributor they got it. It sounds to me like they translated NIB from ANIB. If they represented the gun as being new, they may have broken some federal laws. You might ask to see the entry for that serial number on their books. If you feel that you were truely rooked... You may want to threaten a complaint to the BATF. And if your dis-satisfied follow through on that complaint.
 
If this had happened to me I would have chalked it up to a learning experience. After all it is an XD, not an H&K or Sig Sauer. Assuming the gun functions I would have kept it and not ask for a refund. You did examine it prior to purchase.

Then again some people are willing to expend a lot of effort in an attempt correct a situation like this one. Argue with the seller, file complaints with different consumer advocates or even go to court. If the seller didn't want to refund my money I would just move on to thinking about my next purchase of a different/better handgun.

A couple that would get my mind off the XD in a hurry would be a High Power or a nice 1911. That's two that are well worth owning. If you're stuck on DAO consider an M&P, a better choice than the XD IMO.

Of course it goes without saying you're finished with One Shot in Newtown if they won't do the refund.
 
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It sounds like someone tried to put some look-alike night sights on the XDM and when they didn't work, they were in trouble. Whether they put them on or purchased them that way from a distributor is hard to tell.

I guess what I would do is go in and talk to the owner and say it something like this - hey, I paid X dollars for a new XDM with what I thought were factory night sights. Obviously, these were not only defective night sights but they are not factory. Who put them on is not the point. The point is I purchased a handgun based on premise that it had factory night sights. Then I have been continually horsed around by the blame game between Springfield and the gun shop. As a consumer who is protected by these situations I want to make certain I am satisfied with my product that I paid X dollars for and is EXACTLY what I think I purchased.

To me this avoids some of the blame game which will take you down bunny trails. Get to the point, this is what you advertised and this is what I purchased, but this is what I got. What are you going to do about it now?

Then if that does not work and they do not immediately give you the answer you want (could be new gun or money back - your choice) then you bring out the card of going to the better business bureau. I used this one time and it worked.

BTW, I have a XDM in 40 and I truly love it. I am not a huge semi auto fan and only have two, but have shot several and the XDM I have is superior. Everyone who shoots it loves it. You might even look at adding some Tru Glo sights - I am looking at them and they would make me happy versus the factory night sights although I have never actually used the factory sights at night.

Best of luck - let us all know how it comes out.
 
Oh no, a complaint to the BBB! Scary!

They may not even be a member.

Complain to someone that matters.


I'm sure glad you it didn't happen to you,cause smart asses don't deserve
anyone's time of day.....just my personal opinion...don't even respond,i'm not interested in your sarcasm.

To the guy with the crappy gun deal....i hope it all turns out well...no body deserves to be taken advantage of.
 
Have you considered requesting they swap this particular weapon out for another one? It seems that more leeway would be given for an exchange vs an outright refund request as the reseller at least makes money off the deal vs simply giving it back. Unfortunate, but more often than not, true....

I do understand where you are coming from; nothing more frustrating than not getting what you thought you were paying for. I have been there.

Hopefully, if nothing else (should you end up having to keep this particular gun), everything else will be covered under the usual warranty. I would verify this, however.

Regardless, I would see if you could possibly trade out this particular gun for another one, listing the issues and concerns associated with it, vs betting on a full refund.

Either way, I would continue to do a bit of research regarding the history of this gun. Maybe you will uncover a glaring inconsistency that can be used to strengthen your case.

I am sorry to hear about your experience. You are justified in being very, very upset.
 
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Settle down. It's hilarious that people think a complaint to the BBB is a BFD. If you're not a member, you don't care. If you are a member you have to get more than one complaint before they even care. The worse thing they can do to you is not let you hang a membership sign on your door.

It sounds like something on than legit is going on. Obviously, never shop there again. The "we're putting the correct ones on there and that's it" comment makes me suspect they knew something about it. If the gun hasn't been shot by you, I would push very hard for them to swap the gun for new one. Get a letter from SA stating the sights were not factory and ask them to give it a good looking over. If any paperwork states the gun was NIB, the letter will serve as proof of misrepresentation. And you can complain to various government agencies at various levels depending on how much effort you feel like spending on it.

More than likely, you're just going to be stuck with it. The XD platform is awesome and I'm sure the gun will be fine. I would push for at least a partial refund (on the grounds that gun is used/as new/unfired rather than truly NIB) or somekind of other compensation. A couple boxes of free ammo, a Serpa holster or something else.
 
get ur money back. night sights dont even work so you are entitled to a refund. there wouldnt be any problems if they were new working night sights, but the store fudged that one up.

go back and make em take it back or swap it out.
 
I have to agree with Ed Ink; Complaining to the BBB will get you nowhere. Your best bet is to lodge a complaint with the State Attorney's office. This is borderline fraud.
 
legal

Small claims court or the threat of same may help.

Minimal legal costs as you represent yourself.

You must be able to track the history of the gun, when sent to distrbutor, and when it ultimately was sold to your gun shop.
Springfield would send you an affidavite stating exactly (via serial number) how the gun was constructed and wholesaled to whom), the distributor would be able to confirm this info and advise who they sold the gun, to; and so on. Lots of detective work, but it can be done with logical thought process and time.

I would not keep the gun.
 
Thanks for all the advice....

Thanks for all the advice folks, and the time and effort to respond in the first place.

I am going to go in today after work and ask for my money back or at the least an exchange for another gun. Hopefully I can just get my money back.

I know the BBB is a joke, but I will take every avenue. I expect getting the BATF and other organizations involved will carry more weight.

Springfield has already offered to send me documentation that the gun was not factory equipped with night sights, so seem eager to help (or cover their butt).

I will take the stance that "someone' bought this gun, that was not factory equipped with night sights, put on aftermarket night sights and fraudulently sold it as a new gun with factory-equipped night sights, and I don't want any part of it.

If they offer another gun in exchange, the first thing I will do (before I accept it) is call in the serial number to Springfield and make sure it left the factory with night sights! But I hope I can just get my money back and run!

And if they don't want to return my money, I can bring up getting the various local, state and federal agencies (and Springfield) involved for legal recourse.

Wish me luck!

- Thomas
 
I would be all over that dealer until they gave me what I paid for - a new gun.

A retailer telling me, "and that is the end of it" would send me into action with a mission.

I'd try to reason with them. I'd try tracking the gun to the distributor to see who it was originally sold to. I'd try lots of things that were previously suggested.

But I would let them know early on that I do have money for a lawyer and he's one of my good buddies.

John
 
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