Big, big problem

[nicky4968]

Around Christmas time I took several firearms to what is, by all accounts, a reputable dealer. For a 15 percent commission they promised to put the weapons on display and to list them on GA, where they sell a lot of fine weapons.

The problem is I find one of my firearms listed on an auction site, with an initial bid price 33% higher than my asking price.

I'm on the road and won't be home for several months. Otherwise, I would just go in and ask for my stuff back.

What do I do if they sell, for instance, a firearm I wanted listed at 1,000 (for example) for 1,350, and then "give" me 850 for handling the firearm? Do I ask them to fork over 85 percent of 1,350? Do I just take the 850, because that's what I contracted for?

I must say, if they gave me the 850 up front, I would have no complaint. But 850 today is something different than 850 90 days down the road.

 

[sigp220.45]

Don't they get 15% of whatever it sells for? So if they sell it for $1350 they should give you $1147.50, shouldn't they?

If you only get $850, that's definitely a problem.

 

[m657]

....what does your written contract say?.....

1) if written....no problem...
2) if not written....yes, problem....

 

[s&wchad]

Don't they get 15% of whatever it sells for?

That's what you said. What terms do you have in writing?

 

[Noah Zark]

Around Christmas time I took several firearms to what is, by all accounts, a reputable dealer. For a 15 percent commission they promised to put the weapons on display and to list them on GA, where they sell a lot of fine weapons.

The problem is I find one of my firearms listed on an auction site, with an initial bid price 33% higher than my asking price.

What do I do if they sell, for instance, a firearm I wanted listed at 1,000 (for example) for 1,350, and then "give" me 850 for handling the firearm? Do I ask them to fork over 85 percent of 1,350? Do I just take the 850, because that's what I contracted for?

Easy. You do exactly what the executed written agreement that you and the shop owner/clerk signed. Get it out and read it.

Noah

 

[VM]

Don't they get 15% of whatever it sells for? So if they sell it for $1350 they should give you $1147.50, shouldn't they?

If you only get $850, that's definitely a problem.

I was just getting ready to ask......................is your "Contract" for $850 or 15%?
Personally, I'd be on the phone with the Buisness that had my guns and talk to them in person if there was confusion about the transaction.

 

[nicky4968]

First, I only used the figure of 1,000 so I can figure percentages easier.

Anyhoo, it's listed with them at a certain high/low price (a little wiggle room). Second, I gave a good price because I wanted a quick sale. It also states that they will take 15%.

Perhaps I should wait. If it sells, I will ask for 85 percent of the sale price, less whatever commission/fee the auction site gets.

Last, had I wanted to wait for an auction to bring in interested buyers, instead of a straight for-sale listing, I could have put it there myself.

Best of all, they sell it at auction for 1,350 (as an example again). They tell me they took the lower of the two prices (wiggle room). I get it in writing. I call cajun lawyer or one of his tribe.

Long story sort, they weren't honest with me as to what they said they were going to do.

 

[s&wchad]

... it's listed with them at a certain high/low price (a little wiggle room). Second, I gave a good price because I wanted a quick sale. It also states that they will take 15%...

I think you should be patient and see what happens. I doubt your contract lists a maximum price they can sell it for and the more they get, the more you get. Win, win…

They'll have fees and costs if it sells on GB and they may have offers if it doesn't. The listing is probably a week and that's pretty quick, so watch and see. Good luck.

 

[charlie sherrill]

If they give you what you ask minus 15% they will have fulfilled their contractual agreement whether the agreement was written or oral. I don't think there is much you can do, except to pick up your guns and you may not be able to do that in time.

 

[CAJUNLAWYER]

Unless you have a written contract specifying exactly what the deal was/is you may not get what you think you're gonna get. If you specified x number of dollars and the dealer either gives it to you at the onset or gives it to you after sale-you have no beef for whatever he sold it for-hell, he could have sold it for $850 and not made a thing. If he sells it for $2,000-he gets the difference. If you specified in writing a % than that's different. What I would have done is specify a specific % with a base amount, say 85% of gross selling price but in no case less than $850 net in your pocket. That wat the dealer gets 15% out of which he takes his GA fees leaving him with a tidy profit for his troubles. If you set your base too high, the dealer will let you know and if neither of you can agree to a proper base-then te decision is yours to make-keep the gun, do it yourself, or accept his figures. As far as putting everything in writing, my tack is to tell the guy "it isn't cause I don't trust you, but if something happenes to me then you are protected". That usually heads off the "I'm offended-don't you trust me" approach
Where do I send the bill