doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Rip Off

Sounds like the seller's appraisal advice came from watching Pawn Stars or Storage Wars.

At that point, it's completely up to the buyer to pursue redress or return if merchandise is not as represented. There is an expectation that seller (a "professional" dealer) knows what she is selling.

You got your money back without paying a lawyer or filling out complaint forms provided by USPS and ATF. And you got the money back five days after the deal went bad.

Good for you!

Ought to immediately run down and buy a lottery ticket.

But this sale was convoluted; the seller was not a "professional" gun dealer and the buyer was an "expert" in this niche market in fact the president of the collectors association of the type gun sold. Not that I am saying anything untoward happened just both the buyer and seller seemed confused as to what was being "offered and excepted".

Sorry to say...I will say no contract exists. From the Docs facts, the parties were still negotiating, counter offers, counter acceptance...then the last one where the figure goes between $25 and 30 thou....no acceptance , just agreement to meet....forget the cashing of the check, her lawyer would simply say that she cashed the check to safe guard the funds.....did not want to lose the check, etc, etc.Newberg is right on. I too do not think there is a cause of action. No only that, Doc sends an email...saying that there was a misunderstanding on BOTH sides. Her lawyer would say this guy knew the gun was worth more than the E grade..he is the president of a shotgun collectors association, etc. etc....the discusions were all over the place...she panicked....wondering if she was wrong on its value.Doc kept wanting to deal, changed his price though the discusions....the point is, no meeting of the minds...still ongoing negotiations....no final agreement.... No specific permance or damages....." But your honor, he called ,my client a crook by comparing her to a drug dealer ..he slandered her your Honor.., and libeled her by enticing others to make entries on her face book page...it is all here" "....I know what doc said in his description, but, see how this stuff can turn ugly...I just played the devils advocate...That is about it...Doc should be happy he got his money back.

You are the lawyer, I'm just a business guy who has dealt with a lot of lawyers (some of my best friends, etc.). Seems to me that there was a meeting of minds before they agreed on price and buyer mailed his check, otherwise why would seller send certified funds for the full purchase price?. Absent the convolutions, that was the deal and I think it's enforceable, as of that point. All the second guessing and emails confuse the situation considerably, but the seller still reneged on the deal and it's not clear whether buyer had the right to inspect the gun before closing the transaction. If yes, and if he inspected it and told dealer he accepted the merchandise, then it's done. Seller's behaviors confused the situation because she did not seem to present the merchandise to buyer for his acceptance. Nothing here to indicate that seller had any contingent language that would allow her to back out of the deal. Buyer bought gun with S/N xxxxx, attempted to receive the gun at the Vegas show, inspected gun, tried to take possession of merchandise, seller refused to deliver as previously agreed. Advantage to buyer.

Ok...that is my opinion..I am not going to get into it. I do not agree with your opinion...there can be no meeting of minds if there are still negotiations...meeting of the minds is a legal concept...the core of a contract. Look it up..I have nothing further to add nor care too.

Hey, me too. In fact every job I do involves a contract of one form or another. The agreement was reached on a C grade gun not a B. No value was agreed upon for a B. Neither party realized the increased value of the gun until the face to face. The money was returned, case closed.

I do want to say that I respect your comments. In my retirement as an Administrative Law judge and FINRA arbitration Judge...on call...lawyers from both sides present cases before me...my comments were simply that these things are never cut and dry. By just definitions...thanks.

The agreement was reached on a specific gun, and the value was agreed on that specific gun. We don't know anything about contingent condition provisions. Could either or both back out of the deal for any reason or for no reason? We don't know. Absent that, it looks enforceable, but still not worth the trouble.