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Discussion Starter #1
Hey guys, here's the deal. A friend takes his L1A1 FAL built on an Imbel reciever into the local gunshop to place it on consignment to be sold at no less than $850. Friend has a change of mind and decides to keep it so he calls back to tell them NOT to sell it, he would be in to pick it up. Guy he talked to said it was still there and he would take it down and put it in the back. Friend goes to the store last week and they had sold his rifle for $740 !!! He talks to store owner who claims to have had nothing to do with selling the gun, that it was one of his employees that no longer works there. My buddy says he doesn't want the $$ he wanted his rifle and asked why it was sold lower than what was agreed on to begin with considering he had called 2 times to say he didn't want it sold ?? Owner says he's sorry for the mix up.

When asked to see the bill of sale for the rifle the owner claims he is too busy (3 people in store)to show it to my buddy. Friend asks what owner tends to do to make it right considering you can't find a rifle like what he had for $740, you can't get the parts and build it for that. Owner claims he will find one like it. my buddy comes over to my house, asks if i would look on GB for similar FALs like his and tells me the whole story. I found one that was pretty close but not like what he had for $800, give him the auction # and he goes into store again and says he would settle for the rifle listed on GB. Owner starts saying that the gun on GB is $60 more than what he got for my friends rifle and he wasn't going to do that !!!WTF ???

My friend advises him that the rifle wasn't to be sold in the first place and he had notified the store of this twice. Not to mention that he sold t for less than the consignment price they agreed to. Owner seems to care less, so my friend advises that there could be legal action if this doesn't get handled. Owner says fine, friend leaves the store before he gets anymore pissed off. The shop in question is 111, catsailor40 knows the one I'm talking about, a few other members here have had some issues with this shop lately.

So there's all the sordid details, my buddy talked to a few other FFLs we do business with who advised this was a breach of contract and sue the owner in small claims court.....any advice???
 

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id crawl up that owners ass and invite my lawyer
 

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If they're making no effort I wouldn't dick around. I'd cry 'stolen rifle' and call the cops and file a report. The shop 1) should not have sold it for less than what you wanted for it and 2) should not have sold it in the first place after being told to take it off the shelf and 3) having made the mistake of selling it, contacted the individual he sold it to in order to get it back... being that it wasn't technically his rifle to sell. Seems simple enough to me. If the guy was on the level it would seem simple enough to him too. See how he likes the local ATF in his face. Did your buddy happen to catch the name of the person he talked to when he called to tell them to take it off the rack? If you had the full amount I think it might be a case of his word vs yours... but at the very least they owe you the remainder of the money.

Sounds to me like they had a buyer lined up and decided to say 'fuck it' and make some money instead of giving it back.
 

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"you can either give me the money for the rifle, or you can give me the money for the rifle pluss legal fees."
 

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Did he have something in writing from the shop with the minimum? A VERY similar situation to this came up a few months ago on a engine.

I would never put anything on consignment. You are basically forming a partnership with somebody that doesn't have your best interests at heart. I cringe at even thinking about getting a realtor when I move.

He might have sold it to a buddy or just been plain stupid. Either way, the gun shop never loses on a deal like that.
 

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Discussion Starter #8
SA58.... Yeah, the guy he talked to is now no longer employed there. Just got off the phone with my buddy a few minutes ago and there's no resolution to it. The owner is taking an "Oh Well " attitude toward the whole thing. Check the RPK & RPD section for a thread entitled "dissappointed with RPK" to get a little more background on this guy and his shop.

ETA; The owner was already asked to call the guy it was sold to, to see if something could be worked out and he refused to even do that.
 

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The owner knows that your friend won't get much more than $740 in court. $850 - what ever consignment fee, 10%?? = $765


Your friend would win in court, but I doubt he would be reimbursed for legal fees.

He would probably be time and money ahead to just take the $740 and never go back.

This is the second bad post on 111 gunstore on this site. I'm sure you guys are talking about the one in Indiana. I can't imagine the guy staying in business long treating the customers like he does. The owner is responsible for what his employees do.

The least he could is offer what he would of had to pay if the rifle sold for $850, appologize and offer a free transfer for a replacement.
 

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Yep, that's the shop 555th.......The reason he's staying in business is the prices. Personnally I'm done with his shop myself, after this deal with my buddy I wouldn't go back there for S%*&
 

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Discussion Starter #12
Morning Wood..... He's self employed doing asphalt maintenience (striping parking lots and sealcoating) most times the hours are not compatable. The shop closes at 6pm. Since he had called twice he figured everything was OK and he'd just pick it up as soon as he could get a free couple of hours to run by there.
 

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56type said:
Morning Wood..... He's self employed doing asphalt maintenience (striping parking lots and sealcoating) most times the hours are not compatable. The shop closes at 6pm. Since he had called twice he figured everything was OK and he'd just pick it up as soon as he could get a free couple of hours to run by there.
Being self employed, I'm sure his time is more valuable than what he'd gain by going to court especially this time of year, Summer=Asphalt bussiness.

Have him try to get what he would have if it sold for $850 and see if the shop owner will go for that. And then never go back!!!
 

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To my mind it doesn't matter if the guy was a former employee or not... he was employed at the time and so represented the shop.... it's not your problem he was totally checked out at the time.

Your buddy is owed the remainder of the full amount agreed upon, or the rifle back period. He should just file a report with the police saying the rifle was stolen (apparently) by the shop... and you want to press charges. Explain the agreed upon deal, and what they're trying to pawn off. They can't just say 'yes, we'll sell it for this much or not sell it at all' and then come back and say 'sorry, we only got this much for it, take it or leave it'. Verbal agreements are (should) be binding. (even so, next time he should have a receipt when he drops off the rifle for the agreed upon price) Start by having the cops pay him a visit after the report is filed. Stolen gun report will start a search on the paper trail... it should be easy to retrieve the firearm being that you have a paper trail 2 ppl long and the place to start with. Did your buddy already accept any money?? If not, that's great... tell the cops you either want the full amount or the rifle back. I'm no lawyer, and have never even played one on TV... but that's how I would work it. Be damned if I'd let somebody bend me over like that. He's counting on your buddy just accepting the loss. ...for that matter, who's to say he didn't sell it for $1k and is just saying he only got X amount? Who's to say he never did sell it, wants to pay off your buddy for what he feels like paying for it and put it back up on the shelf for a bigger profit than he'd make on a comission?? Small claims court is your last ditch effort.. you don't even need a lawyer for that. But, speaking for myself... I'm just stubborn enough to do it, if only to make that guy take time out of his day to see my face saying 'be a man and give me what you owe me... don't make me put my rings on'. :twisted:

Even if your buddy takes the loss... attention by the law has been brought to this guys shop.
 

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Discussion Starter #15
SA58.... That's pretty much how he feels about it, hedidn't take the money. He told the owner that he wanted his rifle or one just like it but doesn't want to wait forever for him to turn one up "eventually". That's why he had me look one up on GB. Something is shady because my buddy has yet to see a bill of sale for the rifle, just excuses.

He talked to a cop today on a job sight who told him he couldn't file it as stolen because he had taken the gun in there so technically it wasn't stolen it was a civil matter. The cop did advise him to file in small claims ASAP and get the ball rolling so he could get it resolved. I'm believe that's probably what's going to happen because the owner doesn't seem to want to do anything other than make excuses about it. My buddy did get a reciept for it when he took it in there he says so he's currently looking for it as evidence.
 

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Discussion Starter #16
555th... I discussed that with him but can't replace the rifle at that price in today's market unless he wants to settle for a lower quality rifle than what he had (pre-ban style vs. post ban style) The rifle was on a kit that was at least 90% and had a fresh refinish on it with new furniture, not a mark on it. I was the one who turned it up at the last Indy 1500 show we went to.
 

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fAL owner made initial mistake of thinking about putting rifle on market (selling) during these unpridictible times ! I would advise anyone to think long & hard about any future Transaction beyond buying a M44 at Big 5 or selling a vanilla 10/22 on GB , because Your hard to obtain, build or collect weapons may become suddenly Un-obtainable or much harder to source or find in the condition of the one you reluctantly sold on the assumption that it's business as usuial in the Firearms world and that even past Reputable sources and shops could have a lapse (Due to unforseen issues and problems beyond all of our control ...
 

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Discussion Starter #18
Gator ....Agreed, Guess how many times I've already said that same thing?? + my favorite " Have you learnt anything yet ??" If we weren't such good friends he would have probably taken a swing at me by now.
 

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The shop stole the rifle. Thats my sole opinion. He (the owner) is falling back on some old con habits. Things that occured that have little to no accountability. The person doesnt work here anymore. Wont produce a receipt. etc, etc. I have seen this show before.
 
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