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Should I have paid?

Discussion in 'General Gun Discussions' started by Redlg155, Oct 8, 2011.

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  1. Redlg155

    Redlg155 Member

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    A while back I sold several weapons on consignment at a local dealer. After giving him a month or so to sell the weapons, I decided to take the last one remaining
    to the gun show. As I was walking out the front of the store ,a customer who was leaving asked me if I was still selling the rifle. I told him yes and a deal was struck...outside of the store of course. The amount sold for was my lowest price price that I informed the dealer that I would take...more about this later. On my next visit to the store the dealer stated that he deserved his part of the commision since it was his customer and that we were in front of his store. I of course declined to give him any money and no longer visit that store.

    After a thinking about the things for a while I realized that of the 6 weapons that I sold through him on consignment, I always recieved the lowest asking price that I would accept. The individual that I sold to was happy to accept my lowest price and stated that he could not reach a deal with the dealer. This led me to believe the dealer was pocketing the extra and just giving me the bare minimim.

    Does anyone think he deserved a commision on a gun he did not sell?

    I also had dealing with him in the past where he traded a gun I had on consignment and tried to sell the gun he traded for on gunbroker to make a profit. I in the end also ended up witb the minimim asking price. I only found this out when I tried to take the fun off consignment and he had to tell the truth.
     
  2. Mr.Blue

    Mr.Blue Member

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    IMHO you cannot prove that he screwed you. In all fairness it was his customer that bought the gun so he deserves his commission. If you think he's screwing around, don't do business with him going forward.
     
  3. firemanstrickland

    firemanstrickland Member

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    thats a tough situation. i dont know whats rite but you did what I would have done.
     
  4. Redlg155

    Redlg155 Member

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    I fail to follow the logic here....I take my gun off consignment to sell at a show and an individual approaches me and asks me to sell at an acceptable price. How is it that the customer "belongs" to the dealer and that the dealer deserves a commission after failing to sell the rifle? In addition, this is outside of the store.

    As for shady dealings...trading a previous consinment weapon for another to make more profit is proof. In addition, the individual asking me to sell at my lowest price I initially told the dealer I would accept and his contiunual track record of returning to me the minimum amount askes is also proof...
     
  5. Unistat

    Unistat Member

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    Tell the dealer, tough cookies. The gun was taken off of consignment, a deal was struck. He apparently had plenty of opportunity to make a deal with the same guy and couldn't get it done. He got enough money out of you.
     
  6. LJ-MosinFreak-Buck

    LJ-MosinFreak-Buck Member

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    Not only that, but the OP stated that the customer told him that he couldn't meet the price point the dealer wanted, which would make me believe that I was being given the bare minimum.

    My LGS asks you what you want to sell it for, and then adds his commission to the price tag on the firearm, when it sells, you get your money, he gets his.

    I wouldn't feel bad, nor would I pay. It's his shady endeavors that are causing your distrust, not anything you're doing. And if it's outside his shop? Who cares! All he can dictate is what goes on inside the store.
     
  7. WinThePennant

    WinThePennant Member

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    You took it off consignment, and arranged the deal OUTSIDE of the gun store.

    In my view, you do not owe the gun store any money.

    All the other stuff is impossible to prove, and I wouldn't even try to work it into the equation.
     
  8. c1ogden

    c1ogden Member

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    If that was the first dealing with that gun store I think I might hae given him a partial fee but in light the outcomes of your past dealings with him I wouldn't have given him anything. Although it can't be proven, I think your suspicions about him were true.

    When I worked PT in a gun store we always asked the customer "What do YOU want for the gun?". If we thought we could sell the gun for enough to give the customer what he wants and leave enough profit to make it worth our time we would take the consignment. If we didn't think the gun was worth enough we would explain that to the customer and suggest he try selling it himself. We never worked for a percentage.
     
  9. btg3

    btg3 Member

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    His store brought the buyer to you and your rifle, IMO he is thus due his commission for that sale.

    The issue of minimum price versus actual selling price on your other guns is a separate issue.

    To settle affairs, if possible verify the actual sales price of the other guns to determine what, if anything, you are due -- then, determine the net as to who owes who. Until that time, you are justified in holding the latest commison in "escrow".
     
  10. gunlover_06

    gunlover_06 Member

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    He doesn't owe the LGS a dime, even though the shop said it was his customer he can't prove that because he wasn't in his shop when he purchased said rifle, So IMHO he has no right to a commision.
     
  11. Mike1234567

    Mike1234567 member

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    "Assuming" the dealer did nothing wrong with the other transactions, I can see how he feels ripped off. After all, a deal was struck right outside his door with someone who had already been inquiring about the gun. That stated, I trust no one and, in my mind, would always suspect that the dealer took every penny he could unless he showed my the bills of sale.
     
  12. Loosedhorse

    Loosedhorse member

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    So, let's see if I have this right: I go to my LGS, with a rifle I want to put on commission. Before I even enter the store, I get an offer from a guy in the parking lot, and we strike a deal. I now need to go into the GS and give the delaer his cut for "bringing us together?"

    No. There is some point in the commission arrangement--whether it's after we shake hands, or after I sign the paper, or after I hand him the gun--where if the gun is sold he deserves the commission. It is not as soon as I might run into one of his customers.

    And there is some point once I take it back off commission where he no longer deserves it. After he's handed it to me and I'm on my way out seems past that point.
     
  13. Mr.Blue

    Mr.Blue Member

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    The store brought the customer to him, thus it is the store's customer. The store's advertising and reputation brought the guy there. You asked for opinions, so why argue?
    Morally, the store deserves their cut. It's the honorable thing to do. Poster Deleted Comment.
     
    Last edited: Oct 8, 2011
  14. WinThePennant

    WinThePennant Member

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    He took it off consignment.

    He left the store.

    Outside of the store, someone asks him about selling the firearm. It doesn't matter if it's 1 foot, or 1 mile away from the store. They made the deal OUTSIDE the place of business.
     
  15. Loosedhorse

    Loosedhorse member

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    Well, as you have just decided to call ALL those who disagree with you dishonest, we know where you stand.

    Me? I just think you're completely, utterly wrong: about the commission, and about us. But not dishonest.
     
  16. Mr.Blue

    Mr.Blue Member

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    Yes, since the buyer admitted to seeing the gun in the past in the gunstore.

    It's like selling beers in the parking lot of a bar. It is probably illegal to sell "like" merchandise within a certain radius of a business. in some areas.
     
    Last edited: Oct 8, 2011
  17. WinThePennant

    WinThePennant Member

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    Bad example. I'm sure that people selling beer in a parking lot do not have a liquor license. I'm sure that is "illegal" in all areas.
     
  18. Mr.Blue

    Mr.Blue Member

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    Of course it matters. It was sold on store property.

    I won't try to convince anyone of the morality of the issue, as we all have differently calibrated moral compasses.

    Congrats on your sale.
     
  19. Mr.Blue

    Mr.Blue Member

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    It's not a bad example. How's this then? It's like someone selling their BMW from the parking lot of a BMW dealership.
     
  20. Loosedhorse

    Loosedhorse member

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    Too bad. The dealer had his chance to sell it and failed. The owner closed the deal.

    If we are to suppose that the buyer seeing the gun in the store attaches some obligation, it would be on the buyer: you can claim that HE owns the dealer a commission. :rolleyes:

    But not the seller. His arrangement with the dealer was ended.

    If the dealer wants to add a codicil to his commission agreement, "All sales completed within 24 hours of your taking the gun back to a person who saw the gun at my store will result in my still being paid a commission," then all parties know what they are agreeing to.

    But the dealer cannot impose a new condition on the deal after the fact. That would be immoral.

    :)
     
  21. WinThePennant

    WinThePennant Member

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    Let's see. I own a BMW. I go to a new car lot to purchase another BMW. Another customer sees my BMW, and makes me an offer.

    I guarantee you that I owe the BMW dealership exactly this much: $0.
     
  22. Redlg155

    Redlg155 Member

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    If the dealer demanded a commision, then the dealer is technically breaking the law by participating in a gun sale without completing.
    4473 and calling in a background check..correct?
     
  23. Mr.Blue

    Mr.Blue Member

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    I thought this was the High Road?!?
     
  24. WinThePennant

    WinThePennant Member

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    You declared that everyone who disagrees with you are "probably" dishonest.
     
  25. DAP90

    DAP90 Member

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    Is this even legal? He agreed to sell your gun on consignment. Not trade it for another. It seems to me that since he didn’t own the gun he had no rights to trade it off for another gun without your consent.

    I’ve sold a few guns on consignment at the LGS I frequent. I never give them a range. I have an asking price and if a customer wants to negotiate, they contact me and act as a middleman.

    You do not owe him a commission. If you wish to keep a business relationship open you’ll have to pay him one; but I wouldn’t. It wasn’t his customer because the customer had already stated he wasn’t going to purchase it through the dealer as they couldn’t reach an agreement on price.

    However…


    This is an interesting idea.
     
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