preslove
Lifer
- Sep 10, 2003
- 16,754
- 63
- 91
They collected my personal info in their system and printed a copy of their compliance to call me when the item came into the store to fulfill my order. I then went to the register and made a purchase with my money. They gave me a REGULAR SALES RECEIPT that you would get from any other purchase of any other item at Dick's. Nothing fancy and nothing I had to sign. I did not complete the background check paperwork as they said I would do that when I came to pick up the gun. All they verified was that I was a Texas resident and that my contact info matched what was on my driver's license.
1. There is no fine print on this compliance form? Nothing talking about limitation of liability?
2. The background check, a crucial stage of the transaction, was never completed. Sounds like the sale was not fully completed.
Speaking of which, when I took those pictures of inside the store in Dick's the sales clerk said they had actually received all the guns to fulfill the order in the store. But were told not to call the customers, like myself, to come pick them up. They had them ready for me to walk in and get and within the 4 weeks. I had my phone on record during that conversation as well and made sure I got his name. So Dick's had the gun, could have delivered within the time frame specified orally by them at the time of the sale, and decided not to deliver. That is a breach of contract sales law. They made multiple breaches of the consumer laws here in Texas when they decided to do that.
That's all well and good, but you're going to have to prove that in a court of law, which takes time and money. You still haven't said whether your lawyer has given you a quote on how much actually suing them will cost. You prepared to spend several thousand bucks on this? You willing to gamble that money on whether a judge will agree with my point #2 above?