Need help and advice.

[Big J]

Here it goes. I had dealer order me a certain AK-47. He told me that he could get it and he gave me a price. So in order to get the new AK I gave him one of my older AK and had him sell it for me on cosignment. After he sold it I still owe him some money cause the new AK cost more that what my sold for. So I told him to hold on to that money and I will pay him the rest in a week. Well I had some unforseen trouble and I talked to him about it and ended up that I paid him almost a month and a half later the balance still owed. Now he cannot get me the ak that I wanted from is supplier, cause its out of stock. So I tried a different model no dice. His supplier has no AK of any kind in stock. He has been telling me to give him a week, then another week. Well it has been about a month now. He still has my money I still have no rifle. I asked for a refund and told me no. He said he doesnt do refund on special orders. Now he never stated that he had a no refund policy. But I think he should give me a refund if he cant give my any AK that I have asked for. What are my options for getting my money back? Should I make a police report or something? Also this whole transaction was cash.

 

[TX0303]

If it was a special order, and now he can't get it for you, he should refund your money. He's not out anything cause he did not buy any gun yet.
I hope you have a contract from the consignment sale proving he owes you money.
Is there a contract stating you will buy the new AK from him? What proof does he have that you have one on order?

 

[chubbyzook]

this whole deal sounds sketchy as hell. Why would you have some one sell a gun on consignment when you could sell it for more? why would you believe some one who says their supplier doesnt have the most common gun around. why is he holding the money because its a special order when he hasnt even ordered the gun yet?
maybe you should name the store you went through so people are fore warned.

 

[Big J]

I have no contract for the cosignment. I do have a recipt for the AK that he was suppose to get me. I also have the emails that I sent him and the ones he sent me back has proof. I don't want to name names yet cause I want to go down there and give him a chance to make it right. So far my communications with him have been via email since his shop is kinda far from where I live. Isnt this straight up theif?

 

[Dcav]

What shop is it?

 

[shooterfpga]

good luck proving anything with no receipts for consignment and no receipts showing you paid balance in full.

 

[TheDan]

All he needs is the receipt that he has paid for an AK. The consignment details are irrelevant at that point.

If it were me, I'd probably just use the money towards something else on my wish list in the shop, but I'd say he has a moral obligation to refund your money since he can no longer order what you put the money towards. Short of getting a lawyer and taking him to court, outing him may be the only way to get your money back.

 

[shooterfpga]

he has a receipt, that doesnt mean he has a receipt that says paid in full. just that he has a stake on a special order purchase.

 

[Big J]

Well I talked to the guy and I am just gonna get a sig 226 chambered in a .40 S&w that he has on the shelf and call it even. So dont be surprise if it ends up for sale here. Cause I am still looking for a AK Polish under folder. I go pick up tomorrow after work.

 

[Dawico]

How can he say "no refunds" on a special order that he never placed? It doesn't sound like a place that I would do business with again.

 

[Big J]

Well I plan to pick up the sig and then drop that place like a bad habit.

 

[Younggun]

Still doesn't seem right, so who was it?

 

[London]

What an ass, but being familiar with most of the guns shops in this town it's hardly surprising. The police will likely tell you it's a civil matter, but I'm sure some LEOs here can clarify this.

You might as well name him so we can avoid him and he can be publicly known as a bad businessman.

 

[shortround]

Spare some of us some trouble: Was this a Gun Shop or a private dealer with an FFL selling at a gun show or out of his garage?

If he takes your money he owes you the gun you ordered.

Otherwise, a full refund is to be expected.

Then, to sell you something out of his inventory instead of giving you what you wanted or your money back is, IMHO, unethical.

An honest man would have given you your money when he could not produce the rifle you ordered.

The best advertisement is "word of mouth." This dealer needs no new customers.

I know plenty of honest dealers who will order you a gun with no down payment, unless it is a low-demand special production piece.

Be well.

 

[fuelfather]

I agree with the others on this. I would have made sure the rifle was available and ready to ship before paying off the balance of the rifle. I have done special orders with an FFL who is a member of this board. I was going to order a pistol through him but he asked for no money until the pistol was available from his supplier. I wound up getting it at the gun show for a little more than his price at his advice since the supplier said that the back order list was long. I would out this guy even if he does give you your money back because this is extremely bad business, especially since the rifle is not even available from his supplier. I would definitely file a police report as I would consider this to be theft(IMO) or at least equivalent to bait and switch.

 

[Acera]

Small claims court may help. He may pony up ahead of the trial date. Sue him for the amount owed, plus what ever expences you inclured dealing with this guy, from lost work to gas. You might not get it, but the threat may be enough to make it worth his while to do what is right.

Second, call the BATF and see if they can help. I am sure he does not want them snooping around asking questions about him cheating you out of your money.

Don't settle for the Sig unless you want it, or it compensates you for you entire claim against this guy.

 

[fuelfather]

If you take the Sig get the absolute lowest price on it. I would check all online sources for it and offer him the lowest price just for him being this way.

 

[shooterfpga]

i would not settle for the sig. cash compensation only. you paid in full, even though it took awhile to do so, and he never processed a complete special order, because it would have been shipped to him already and held for you. a good dealer would have used the money you paid him previously as a hold, and then purchased in full with his money the special order in good favor. hes a cheapskate.

 

[ChunkyMonkey]

I say disclose the shop or don't bother with the rest of the details. Then again, you also somewhat faltered in maintaining you end in paying for the rifle which would have got you the one you wanted. A specific firearm was not purchased so he'd owe you the koney in at least the form of in store credit. Otherwise, charging you a consignment fee would be fair. It would be reasonable to disclose the name so that if they were by chance a member, they could give their side of the events.

 

[TexasRedneck]

Get the Sig, and on the way out the door let him know that you won't be back, and intend to inform others. THEN name him here. He's free to come on and give "his side" if he wishes.

Bottom line.....he sold a gun for you, holding that money pending receipt of the balance for the AK you wanted. Took a while, but once you came up with it the gun was no longer available. At that point, your money should have been returned IMO. Period.

Had a customer today that needed a "be-back" to complete a repair. Got it all done, presented her the bill - for the original quoted price. She protested, pointing out that I had to come back to complete the repair (a part had been installed incorrectly and I needed to do some work to correct the problem, and it took some special tools I don't normally keep on the truck). I thanked her, but explained that I had quoted her a price, and the repair needed would've taken me minutes had I had the tools with me yesterday, which wasn't HER fault.

Yeah, could've dinged her for another service call....but sorry, I don't do business that way. Ultimately, I've got a date with someone who won't listen to any fast-talk about how I led my life....