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Posted: 4/15/2002 11:40:32 AM EDT
Last week I meet with this guy who is interested in a Steyr AUG. Pulls up with a white BMW convertible, SS/Gold Rolex and all the other goodies. Claims he just wants one in great condition and price is no object. Also wants 20 mags and wants it ASAP. Strikes me as the kind of guy who believes the entire world consists of employees who serve him. I know the type, I tell him no problem I'll get it done. I inform him the price will probably be $3,500-$4,000 for the gun with (2) mags depending upon who has one immediately available. I also tell him I need a $1,000 deposit with the rest due when I have delivery confirmation. He says "No problem and peels off $1000 from a wad of about $4,000. So I call my usual sources, guys who actually have stuff like this in inventory in the condition advertised. I find a really good deal, a 98% Green AUG w/10 mags for $3,100. An additional 10 mags brings it up to $3,750. Add 10% for me and the whole package would be $4,125 + S/H. Damn near the price I quoted him for a AUG with only (2) mags. I call him and he is happy as pigshit over the deal and tells me to grab it before it's gone. He was expecting to pay about $4,800 for the whole deal. I tell him I need the remaining $3,150 in the next couple days. He tells me no problem. Well the days go by with him not able to make it by to drop off the cash but definitely checking in to see if it showed up yet. I figure busy guy, lots of money, needs to work with little free time. I don't make a issue out of it. I figure I'll get paid when I finally do see him to transfer the rifle. Well this shows up today... [img]http://communities.msn.com/_Secure/0LAD**7gNaBfXZD*1BT8T5rnMWedQBESuuUU4fsG4iGxW­fx5pgUL8LYXERw6lqTQw0AOUICg0jtk/0031.JPG[/img] and when he calls in to check, I tell him it is in. He can come by for the transfer whenever convenient and pay me. Suprisingly he is immediately available. What luck. So he shows up and I let him check out the rifle for condition. Then I hand him the bill to check my figures as the same as discussed and agreed upon.
Link Posted: 4/15/2002 11:41:05 AM EDT
Then he hits me with it, he only has $2,500, about $650 short. He starts with the usual "money is tight" and "business is slow" etc. I think "Then why are you buying a $4,000 rifle?" He gives me the old, "I'll give you $3,500 for it in cash right now out the door." As if we are still in the negotiation phase of our agreement. Now I'm annoyed. I tell him the agreement was $4,250 and I'm not interested in anything else. So he tries "OK let me take MY gun, here is $2,500 and I'll see what I can do about TRYING to get the rest." I almost died laughing "YOUR GUN?" I point out that it was charged to my corporate card so it is IN FACT my gun and the books agree. Understanding he's one of these "somthing for nothing" assholes and still wanting to help him for some reason I ask, when can you get the balance? I'll try and hold it for you rather than return it. Now he gets indignant, and says $3,500 is all he will pay, "Take it or leave it." I'm sure he figures a small dealer like me cannot afford to eat a major purchase like this and I will take whatever crumbs he offers. So now it's time for him to leave. So now he want's a full refund of his deposit, despite signing a special order form that states "refused merchandise will be returned with money from the customer deposit." My plan is to ship back the AUG and keep the cost of S/H and return S/H from the deposit and give him the rest. The whole time he is gonna sue me for the full refund, etc. OR I can just take it and accept $3,500 for the AUG + 20 mags. I wonder if this is how the guy got all his toys? So anyway for the last 5 hours I've been checking out this AUG. I sold one of my HBARs a few months back and kinda miss it. And THIS ONE looks damn good next to my other one. I'm thinking I need to just keep it, probably find a HBAR for it and replace the one I sold. So I call Mr. Dickface and inform him he can come by and pick up his deposit in full. Then he asks "What are you gonna do with the gun? Wouldn't you rather sell it to me than ship it back at a loss?" He is after all still very interested in it, but only for $3,500. I tell him NO I'm gonna just keep it, his business is not the kind I'm interested in at all. But I need to thank Mr. Dickface, I'd have never boght it for myself and I got a GREAT deal. BTW, he called later today and offered to go as high as $3,600 I swear they never learn. If he calls again, I'm gonna counter offer it at $4,800. LOL.
Link Posted: 4/15/2002 11:50:13 AM EDT
[Last Edit: 4/15/2002 11:52:05 AM EDT by fight4yourrights]
Keep the asshole's $1,000 deposit if you slip allows you to. Make him sue to get it back. HE breached the contract. He agreed to the product, and agreed to the price. His inspection indicated the product met his requirements. He then renigged on the agreed upon price. F'him.
Link Posted: 4/15/2002 11:56:13 AM EDT
Charge a 15% restocking fee.
Link Posted: 4/15/2002 12:06:00 PM EDT
I wouldn't give him the deposit back either. What an A**hole!!! If he took it to court, I wonder if he would try to lowball his attorney like he is trying to do with you... I think not.
Link Posted: 4/15/2002 12:17:45 PM EDT
he broke the contract so he gets nothing. this is earnest money. if your not earnest he should not have put down the money. In Texas it would be breach or contract and you would get up to triple damages. 9000 plus the AUG. now that’s a sweet deal.
Link Posted: 4/15/2002 12:23:51 PM EDT
Alright... I'll pay $3700, but that's as high as I'm going. [:P] She is a beauty. I guess the jerk may have been a blessing in disguise. [;)] Viper Out
Link Posted: 4/15/2002 12:31:26 PM EDT
Link Posted: 4/15/2002 12:42:31 PM EDT
Maybe he's acquiring guns to ship to Israel as part of that 133 billion. [:D]
Link Posted: 4/15/2002 12:59:46 PM EDT
I think the restocking fee is a good idea....
Link Posted: 4/15/2002 1:12:27 PM EDT
SteyrAUG, the restocking fee is common enough in the industry that you would likely win if he tried to sue you. Take out the 15% restocking fee and send him your company check for the balance of the deposit. On your check type in 'in full settlement and release of deposit on AUG rifle S/N ########' and you may wish to send it with a letter that explains what you did, what he did, and how the disagreement arose. It's called 'sandbagging' - if his lawyer ever calls you up and complains about the factual circumstances surrounding the transaction, you can ask him 'well, why didn't your client ever dispute it, in writing?' The prick should be taught a lesson and, who knows, he just might learn not to f-over folks! Eric The(Then,There's Always'Guido,ThePimpEnforcer')Hun[>]:)]
Link Posted: 4/15/2002 1:25:50 PM EDT
Link Posted: 4/15/2002 7:45:08 PM EDT
Thanks for the support but I don't want Mr. Dickface in my life. I spent the rest of today shooting MY new AUG. It was a good price, it's a keeper. Gonna refund Mr. Dickface his entire deposit. I have a business based upon reputation and if I keep the gun AND a portion of the cash he can try and make me look like a disreputable person. If I keep a restock fee I need to return the gun. Funny part is, there were two messages when I got home, first one he is up to $3,700. and on message number two he was "gonna try" and put together the $4,250. Won't he be surprised to learn I won't sell MY AUG for anything less than $4,800.00[:D] Of course tha price will only include (2) magazines. I just love how entertaining people are when they try and hose me.
Link Posted: 4/15/2002 8:03:50 PM EDT
I respect a man who can hold a grudge as hard as I do.
Link Posted: 4/15/2002 9:01:02 PM EDT
Link Posted: 4/15/2002 9:09:27 PM EDT
SteyrAUG - Take his attorney out to shoot YOUR new rifle that HIS client can't afford...[;D] You turned this into a WIN. Cool.
Link Posted: 4/15/2002 9:09:51 PM EDT
Link Posted: 4/15/2002 9:13:01 PM EDT
SteyrAUG, write this A-hole a check for the full amount, and don't sell the rifle to him at any price. You don't need any ties to people like that! Nice new pea shooter AUG!!!
Link Posted: 4/15/2002 9:52:43 PM EDT
Once this guy finds out that you're not going to sell him the gun at any reasonable price, your reputation with him will be toast, anyway. Also, what's to keep him from turning around and sueing you for "witholding his merchandise" or God knows what else? If he's going to sick his lawyer on you, then he's going to sick his his lawyer on you, regardless of whether or not he's got a valid case. You've already burned your bridges with this prick. Personally, I'd keep the deposit and let the chips fall where they may!
Link Posted: 4/15/2002 10:05:02 PM EDT
Hope you sell it.
Link Posted: 4/15/2002 10:12:18 PM EDT
Link Posted: 4/15/2002 10:27:23 PM EDT
[b]You've already burned your bridges with this prick. Personally, I'd keep the deposit and let the chips fall where they may![/b]
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I agree with the sentiment as far as what would be 'fair' but I think if he returns the money and washes his hands clean, it will appear to a judge that he has made every effort to be GENEROUS to this guy, notwithstanding that he's done everything within his right up to this stage and keeping the money probably would be well within his rights too. Who knows, maybe in a suit, the judge will go the other way and force the other guy to pay legal costs for a frivilous suit! GOOD LUCK!
Link Posted: 4/15/2002 10:57:32 PM EDT
I think it's insane to give him a full refund..........
Link Posted: 4/16/2002 1:04:19 AM EDT
What an ass... Unfortunately I deal with people like this too. As long as you found a way to turn this into a positive experience and it hasn't hurt you financially then you're doing business right. In the future I'd have a contract that reads: I the undersigned hereby agree to purchase of ________ firearm upon acquisition of said firearm at my request by Mr. AUG. I hereby remit a deposit of $____ which I understand is NON REFUNDABLE, excepting transactions that are mutually cancelled by both I the buyer and Mr. AUG the seller. In such case as said transaction should be cancelled mutually by both parties I hereby agree to a one time 15% service fee which shall be withheld from my deposit to compensate Mr. AUG for his dilligent efforts. Signatures This obviously is not neccesarry for a $300 SAR2 but in the cases of firearms which exceed $2000 I think it's more than reasonable to believe a motivated buyer would anxiously agree to such terms.
Link Posted: 4/16/2002 9:22:15 AM EDT
Originally Posted By Skibane: Once this guy finds out that you're not going to sell him the gun at any reasonable price, your reputation with him will be toast, anyway. Also, what's to keep him from turning around and sueing you for "witholding his merchandise" or God knows what else? If he's going to sick his lawyer on you, then he's going to sick his his lawyer on you, regardless of whether or not he's got a valid case. You've already burned your bridges with this prick. Personally, I'd keep the deposit and let the chips fall where they may!
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Just a update. I talked to my lawyer this morning and I am totally in the clear. My special order form states that the deposit is non refundable in the event the balance is not paid. This is a CYA thing I put in for return shipping costs. My lawyer advised me I could keep the entire $1,000 if I wanted. After all the balance has already been due and not paid. But I gave Mr. Face $1,000 anyway. Despite the fact that I'm not religious (and therefore have no basis for ethics or moral judgements) I felt it was the "correct" thing to do. I informed Mr. Face that I had no interest in doing any business with him of any kind at any time. I now have 4 AUGS again and all is right with the world. Now if only I could get a guy to order a SIG550 and back out of the deal.
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