Dick's is a bunch of *****.

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preslove

Lifer
Sep 10, 2003
16,755
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?
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Doesn't sound like a completed sales transaction if you didn't complete the background check. Sorry to add to your mental anguish.

 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
1. There is no fine print on this compliance form? Nothing talking about limitation of liability?

No fine print at all. Only thing on it is my personal contact information on it and a statement that Dick's will use my preferred contact method. Nothing I signed and nothing else on it but my contact info.

2. The background check, a crucial stage of the transaction, was never completed. Sounds like the sale was not fully completed.

Incorrect. The background check can not legally be done until the item was ready to be delivered. That doesn't change anything regarding the transaction at all as the background check is an FBI conditional form. Now if I fail the background check, which I wouldn't, then Dick's has a legal loop hole to backout of the deal. That loophole being they are not allowed to hand over the firearm under punishment from the Feds. Which would be something out of their control. Unless that happens, which it didn't, they are still forced to continue on with the sale.





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?

Dude I've spend over $5000 in the past month on guns right now. I am prepared to spend FAR more and I will. I have no problem at all taking this as far as I can. If I lose $10K on this whole thing then so be it. I will have done so knowing I was fighting for my consumer rights all the way. Nothing you or anyone else on this board can say or do anything to change that at all.


Replies in bold.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Incorrect. See my reply to the other guy.

If you've got $10k to waste on frivolous BS, more power to ya This isn't about consumer rights especially considering that DSG made you more than whole at the end of this transaction.
 

Yourself

Platinum Member
Jan 3, 2000
2,542
0
71
So possibly spending 10k to save what...1k over the original price? Can't argue with that math.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
So possibly spending 10k to save what...1k over the original price? Can't argue with that math.

Dicks would be forced to cover all lawyer fees in addition to triple damages of the cost of a suitable replacement. This rifle is now going for 2500+ due to current political environment.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
Look, I'm not going to spend a dime if I win, which is highly likely. I'm just saying I have zero problem with taking this as far as I can go. Even if it costs me money, it will certainly cost Dick's money as well. Consumer protection laws are there for a reason. And no, Dick's did not make me "whole" dabuddha unless I accept that offer. I do not have to accept that refund for braking the contract. As such, they are still legally bound to perform as per the contract. It's a simple concept here.

COULD my accepting of the refund check and $100 GC be legally acceptable as restitution? sure. But I have to agree to it. I didn't and they can't force it on me according to the law.
 
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dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Look, I'm not going to spend a dime if I win, which is high likely. I'm just saying I have zero problem with taking this as far as I can go. Even if it costs me money, it will certainly cost Dick's money as well. Consumer protection laws are there for a reason. And no, Dick's did not make me "whole" dabuddha unless I accept that offer. I do not have to accept that refund for braking the contract. As such, they are still legally bound to perform as per the contract. It's a simple concept here.

COULD my accepting of the refund check and $100 GC be legally acceptable as restitution? sure. But I have to agree to it. I didn't and they can't force it on me according to the law.

You should not have accepted your money back along with the $100 gift card if you did not agree to it. Hopefully you didn't cash/deposit the check at least.
 

Yourself

Platinum Member
Jan 3, 2000
2,542
0
71
Dicks would be forced to cover all lawyer fees in addition to triple damages of the cost of a suitable replacement. This rifle is now going for 2500+ due to current political environment.

If he doesn't? That's 10k(who knows how much really) to prove a point and "stick it to the man". Look, I make good money, but I sure as fuck am not going to spend that kind of dough when there is real chance of losing. However, it is his money and apparently he is a baller like that...
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
If he doesn't? That's 10k(who knows how much really) to prove a point and "stick it to the man". Look, I make good money, but I sure as fuck am not going to spend that kind of dough when there is real chance of losing. However, it is his money and apparently he is a baller like that...

Goes well with the Diesel jeans apparently. He never did accept my wager that if he won in court, I'd give him $100 and vice versa lol
 

Pens1566

Lifer
Oct 11, 2005
11,846
8,446
136
First sign you're on the wrong side of an argument, spidey is the only one on your side.
 

preslove

Lifer
Sep 10, 2003
16,755
63
91
Look, I'm not going to spend a dime if I win, which is high likely. I'm just saying I have zero problem with taking this as far as I can go. Even if it costs me money, it will certainly cost Dick's money as well. Consumer protection laws are there for a reason. And no, Dick's did not make me "whole" dabuddha unless I accept that offer. I do not have to accept that refund for braking the contract. As such, they are still legally bound to perform as per the contract. It's a simple concept here.

COULD my accepting of the refund check and $100 GC be legally acceptable as restitution? sure. But I have to agree to it. I didn't and they can't force it on me according to the law.

You might want to get a second legal opinion on whether it is 'high likely' that you'll win, lol. You're lawyer will have $10k whether or not you win. That makes his opinion on the likelihood of your victory rather biased...
 
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Phoenix86

Lifer
May 21, 2003
14,643
9
81
Maybe it's too early or I am just stupid. What do those other stores have to do with Dick's?
I guess I'm not surprised... He can't tell the difference in a pre-order vs. sale, or a B&M vs website. His argument shifts every time something relevant is thrown in his face, and again, me pointing out DSG's website info isn't even relevant... I just thought it was interesting.
 

Regs

Lifer
Aug 9, 2002
16,665
21
81
I guess I'm not surprised... He can't tell the difference in a pre-order vs. sale, or a B&M vs website. His argument shifts every time something relevant is thrown in his face, and again, me pointing out DSG's website info isn't even relevant... I just thought it was interesting.


According to the letter written by his lawyer, the salesman stated that all pre-existing orders will be honored. When a real merchant makes that kind of express warrantee between a clear buyer-seller relationship, it normally is enforceable. Though from what I've seen and been told, most courts will use whatever is in writing to be the final say, depending on the events that led up to the signing of the agreement or if the agreement in writing has been falsely misrepresented.

And yes, just because a background check was a conditional part of original agreement, does not rescind the contract. Both parties agreed that it will be conditional, as in, performance in passing a back ground check is required for him possessing the gun. If it was in a form of a counter offer, for example, a new condition added onto the sales agreement before the buyer agrees to the final terms of sale, then yes, it would not be enforceable.

The agreement was broken. The problem is, and always was, his remedy of breach of contract. Compensatory damages normally equal lost profits on the sale, not the difference between the contract price and market price. What he wants is Consequential Damages and Compensatory, and even punitive. To me, that is unreasonable, to say the least. He was already compensated for his loss, but refuses to accept compensation as a remedy. He has, however, every right to try to go for more even though how feeble the attempt maybe.
 
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Phoenix86

Lifer
May 21, 2003
14,643
9
81
According to the letter written by his lawyer, the salesman stated that all pre-existing orders will be honored. When a real merchant makes that kind of express warrantee between a clear buyer-seller relationship, it normally is enforceable. Though from what I've seen and been told, most courts will use whatever is in writing to be the final say, depending on the events that led up to the signing of the agreement or if the agreement in writing has been falsely misrepresented.

And yes, just because a background check was a conditional part of original agreement, does not rescind the contract. Both parties agreed that it will be conditional, as in, performance in passing a back ground check is required for him possessing the gun. If it was in a form of a counter offer, for example, a new condition added onto the sales agreement before the buyer agrees to the final terms of sale, then yes, it would not be enforceable.

The agreement was broken. The problem is, and always was, his remedy of breach of contract. Compensatory damages normally equal lost profits on the sale, not the difference between the contract price and market price. What he wants is Consequential Damages and Compensatory, and even punitive. To me, that is unreasonable, to say the least.
If the contract was enforced, the OP would be happy though. I bet he would settle for the gun+lawyer fees which isn't unreasonable.

SP33Demon's position is that the contract isn't enforceable because it was a pre-order and can be canceled at any time which seems completely incorrect as there was no written agreement stating that DSG could do that.

It wasn't a pre-order, it was a sale. It wasn't purchased on a website with a written agreement stating they could cancel at any time. There wasn't a written agreement at the B&M store stating they could cancel at any time.

With regards to the "extra damages" for market value I'll let the lawyers bicker about that, my position from the get go is HP has a case, I just don't know what the value of that case is. His lawyer thinks there's more to it.

From a lay person's point of view I think DSG is on the hook for market value+lawyer fees. That seems reasonable, but possibly not within the scope of the law. I don't think punitive damages are reasonable, again from a lay point of view.
 

preslove

Lifer
Sep 10, 2003
16,755
63
91
The agreement was broken. The problem is, and always was, his remedy of breach of contract. Compensatory damages normally equal lost profits on the sale, not the difference between the contract price and market price. What he wants is Consequential Damages and Compensatory, and even punitive. To me, that is unreasonable, to say the least. He was already compensated for his loss, but refuses to accept compensation as a remedy. He has, however, every right to try to go for more even though how feeble the attempt maybe.
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srsly

They refunded his $ plus ~12% interest for holding his money for a month. It's going to be hard to actually argue in court that they treated him horrible enough to clamp down with severe punitive damages.

From a lay person's point of view I think DSG is on the hook for market value+lawyer fees. That seems reasonable, but possibly not within the scope of the law. I don't think punitive damages are reasonable, again from a lay point of view.

That's just it, you're not a lawyer. And his lawyer has no incentive to tell him that he won't win, since the op is willing to spend $10k, if he has to. The lawyer has already made $950 on writing a letter. He's about to make $10k representing an angry client.
 
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HumblePie

Lifer
Oct 30, 2000
14,667
440
126
srsly

They refunded his $ plus ~12% interest for holding his money for a month. It's going to be hard to actually argue in court that they treated him horrible enough to clamp down with severe punitive damages.



That's just it, you're not a lawyer. And his lawyer has no incentive to tell him that he won't win, since the op is willing to spend $10k, if he has to. The lawyer has already made $950 on writing a letter. He's about to make $10k representing an angry client.

Incorrect. Did you not read the letter my lawyer drafted and the articles of the Texas DTPA laws as they pertain to my case? As well as how damages are awarded here under the law. You internet lawyers are a joke if you keep wanting to ignore that bit.
 

SP33Demon

Lifer
Jun 22, 2001
27,929
142
106
The once in a lifetime event is because there a possibility of a ban on that type of weapon as there was once before. Hence the similarity claim to the possible once in a lifetime claim to a wedding. Or are you trying to say a person can not assign as much emotional emphasis to a once in a lifetime gift scenario as a wedding? I would like to see how you could counter argue that.

So the OP says ^, then says this:

Dude I've spent over $5000 in the past month on guns right now. I am prepared to spend FAR more and I will. I have no problem at all taking this as far as I can. If I lose $10K on this whole thing then so be it. I will have done so knowing I was fighting for my consumer rights all the way. Nothing you or anyone else on this board can say or do anything to change that at all.

So OP has $15,000+ to blow but said earlier it was a "once in a lifetime gift". If he really wanted the gun that bad, he would have bought the stupid gun by now... and then used the naively hopeful winnings from Dick's to cover the cost.

Nice troll though.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
So the OP says ^, then says this:



So OP has $15,000+ to blow but said earlier it was a "once in a lifetime gift". If he really wanted the gun that bad, he would have bought the stupid gun by now... and then used the naively hopeful winnings from Dick's to cover the cost.

Nice troll though.

Once in a lifetime because of a possible ban that would prevent me from owning one. The item I was looking to purchase was an EXCLUSIVE. Meaning there isn't a simple way to get it from anywhere else. Your fail comprehension never ceases to amaze.
 
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