Liability in selling used scuba gear

[LoneGunman]

I'm not sure if this is the right forum so mods feel free to move it if it should be elsewhere.

I manage a pawnshop and gunshop. I have been turning down dive gear for the last four years being I did not have a clue what the stuff was worth and the liability involved in selling it. Now that I know what some of the stuff goes for I'm going to start taking it in. Do dive shops sell used gear and if they do, do they have you sign some kind of waiver stating the gear must be serviced or checked out by a professional? Should I ask to see a C card before selling scuba gear?

How large is the market for used gear, would you every buy used if the price was right?

 

[NINman]

Should I ask to see a C card before selling scuba gear?

Not only would I ask to see the C Card I would also make a photo copy for my records. I would not want the family coming back to sue. I would also see the item "As Is" and suggest that they get the equipment serviced or since you sound like a nice guy maybe even get the equipment serviced before you sell.

Hope this helps.

 

[jonnythan]

I'd certainly buy used, and I can't think of a good reason, legal or otherwise, to ask for a C-card before selling something. It's not illegal to scuba dive without a PADI card, it's not exactly on the same level as selling a car to someone without a license.

 

[The Chairman]

First, you are asking the general board for legal advice... you get what you pay for!

With that out of the way, I would make sure you sell ALL gear "as is" and make them sign a statement to the effect that all Scuba gear should be inspected and serviced by a trained professional prior to use.

Asking for a c-card is asking for trouble. There is no law that requires it, and very few LDSs ask for it either. The less you know about a user's qualifications the better off you are from a legal standpoint.

My final bit of advice? Contact a real lawyer in your state for the real answer. There are a few Florida sharks, er lawyers on the board who might give their opinions, but taking my word on this is kinda scary!

 

[LoneGunman]

First, you are asking the general board for legal advice... you get what you pay for!

With that out of the way, I would make sure you sell ALL gear "as is" and make them sign a statement to the effect that all Scuba gear should be inspected and serviced by a trained professional prior to use.

Asking for a c-card is asking for trouble. There is no law that requires it, and very few LDSs ask for it either. The less you know about a user's qualifications the better off you are from a legal standpoint.

My final bit of advice? Contact a real lawyer in your state for the real answer. There are a few Florida sharks, er lawyers on the board who might give their opinions, but taking my word on this is kinda scary!

I'm definately going to check with an attorney. I should have worded my question in another way. I wanted to know if the dive shops ask for a C card and whether they have you sign a waiver or anything else.

 

[jagfish]

Not only would I ask to see the C Card I would also make a photo copy for my records.

Do you show your card when you order from Scubatoys, Leisure pro, Ebay or any other internet based retail?

I've never even had to show at an LDS...I rarely if ever show it for diving...

JAG

 

[NINman]

Do you show your card when you order from Scubatoys, Leisure pro, Ebay or any other internet based retail?

I've never even had to show at an LDS...I rarely if ever show it for diving...

JAG

I guess I should have started my answer with a "I am not a lawyer, but I stayed at a Holiday Express" slogon.

The reason why I stated the C-Card bit was on a few reports that I read were stores, etc were sued based on selling gear to someone that was not certified. Now these were reports I read a while ago and do not have the information nor am I able to located them on the internet.

So I should have just kept my mouth shut on this matter.

 

[DeepTrip]

In Indonesia, you're not required to show your C-Card to buy gears. I don't think the law also regulate that. As for cars, I don't think you need to have Driving License to buy a car, but you NEED it if you drive one.

On the other hand, here, you need license to buy gun.

But I agree that you should sell the equipment "as is". Let them do the check with profesional or their trusted dive shop. That way, you minimize your responsibility to them.

Benny

 

[miketsp]

I've never been asked to show a c-card to buy gear either used or new in several countries. I've bought and sold quite a lot of used gear over the years.

So I think it really comes down to general laws. Here in Brazil, where I am at the moment, there is a strong Consumer Protection Act which would apply to a shop selling used gear but not to a private person selling used gear.

I've also discussed this with a few LDS owners and they say that they don't sell used gear because it makes it difficult to sell the new stuff.

OTH there is one LDS I know that runs a "garage sale" every 6 months. They do a lot of advertising and invite divers to bring along used gear for sale and lay it out in the patio. All transactions are diver to diver, the shop does not get involved, just makes the space available. But I can assure you the shop does very well out of the deal - lots of divers turn up looking for bargains and obviously people looking for used gear will browse through the new shop offerings as well.
This is probably a good tip for many LDSs.

 

[scubasean]

I'm not sure if this is the right forum so mods feel free to move it if it should be elsewhere.

I manage a pawnshop and gunshop. I have been turning down dive gear for the last four years being I did not have a clue what the stuff was worth and the liability involved in selling it. Now that I know what some of the stuff goes for I'm going to start taking it in. Do dive shops sell used gear and if they do, do they have you sign some kind of waiver stating the gear must be serviced or checked out by a professional? Should I ask to see a C card before selling scuba gear?

How large is the market for used gear, would you every buy used if the price was right?

I find it rather humorous that you sell guns, but wonder if you'll get into trouble selling scuba gear.

:banana: