Ordered gun at $350, dealer demands more upon arrival?

[evan price]

Since this is all purest speculation anyway since nothing's happened yet, I would give the guy two options if he tries t oextort more money out of you:

1. Full and complete refund of any money you have given him, 100%, no restock fees, shipping, handling, taxes, transfer fees, anything. 100% refund.
2. He gives me the property he sold me.

If he tries to hesitate, argue, squirrel out, or act the fool over those choices will depend on if he ever sees another dollar of my money.

 

[divemedic]

In contract law, the elements of a contract are:

1 Offer and acceptance (What do you want for the gun? $350. Sold.)
2 Valuable consideration (Here is the $350. Thank you sir, here is your receipt)
3 Performance (Here is your gun.)

Once there is an offer and acceptance, and one party receives valuable consideration, the contract is binding, and other party is obligated to perform. If they refuse to do so, they can be taken to court and be forced to perform.

 

[Rugerlvr]

Listen, if the guy tries to extort more money from you (since the contract is legal and binding, any attempt to get more money from you would probably be extortion. IANAL,) Then ask him "do I have to call my lawyer?" And see what he says.

 

[strat81]

Listen, if the guy tries to extort more money from you (since the contract is legal and binding, any attempt to get more money from you would probably be extortion. IANAL,) Then ask him "do I have to call my lawyer?" And see what he says.

You're gonna call a lawyer who charges $300-$400 an hour to buy a gun that costs less than $500?

 

[Rugerlvr]

You're gonna call a lawyer who charges $300-$400 an hour to buy a gun that costs less than $500?

Well, personally, I would call my sister-in-law who's offered to write nastygrams on her letterhead for free.

But I'm not suggesting he actually engage a lawyer, but rather to threaten it.

 

[zxcvbob]

I just wanted to be prepared to call him out if he tried to raise the price and be confident with that decision.

So this hasn't actually happened yet and you just made up the whole story as a hypothetical?

 

[33-805]

From reading previous posts, I do not believe anything has actually occurred. I would not worry until it does. Maybe I am being a little naive here, but I believe in giving people the chance to do the right thing before unloading on them. If they do the wrong thing, all bets are off and there have been some good suggestions as to possible actions in that case. Best of luck and I hope they treat you right.

 

[offthepaper]

I'm not a lawyer, but isn't a signed reciept a legal contract?
I thought the purpose of any contract was to protect BOTH parties.

 

[divemedic]

You're gonna call a lawyer who charges $300-$400 an hour to buy a gun that costs less than $500?

Assuming things go that far, you would of course sue/settle for legal fees as well as enforcement of the contract. Or you could go small claims.

 

[Hook686]

Hmmmm Gonna take a $500 matter into Municipal Court eh (to recover attorney fees on a case less than about $30,000 this is where I believe it needs be in California)? I suspect the Judge would not be happy with bringing an action to court over such a pittance, and might sanction a party for more than the value of the gun, under such circumstances.

 

[divemedic]

Uhhh- where do you get the idea that there is a lower limit on lawsuits? Small claims is designed for small claims, hence the name.

Some companies (like utilities and such) have been known to sue for amounts as low as $50.

 

[Gunnerpalace]

Nevermind my previous post, If I were in you're shoes I would just say forget that and don't go back there.

 

[gym]

It depends on the circumstances, years ago there were prices on Seacamps over a thousand dollars. Dealers were backordered 2 yrs. I'm sure some of us remember. They were like gold when they first came out. Like anything else, supply and demand. If you can gey it someware else for less, then that's what you do. Your deposit should be refundable if the price has changed. But if you want the gun, and it's not available for less, then pay the higher price.