Screwed over

[m16]

lol @ this whole thread

[Cuda440]

I guess I'm in the minority, I think it was a simple mistake on the sellers part and I wouldn't expect him to "honor" the price. He already said that his employee listed the gun incorrectly as a fixed price instead of an auction. 50 minutes later, before anybody even noticed the mistake, it was "bought" by the OP.

Explanations were made, and the OP was disappointed in missing out on a great deal. The OP is not out a single dollar over this. The seller was not deliberately trying to screw anybody.

I've seen a dvd at wal-mart marked as $1.99, but when I wanted to buy it I was told it was supposed to be $19.99 and the employee typed the wrong number into the price tag machine. Should I be totally pissed at wal-mart?

JMO

[loophole]

I guess I'm in the minority, I think it was a simple mistake on the sellers part and I wouldn't expect him to "honor" the price.

Let's see if I remember this correctly-

Years ago (late 60s), the Stockton Ford dealership (Eagle, I think) stuck and ad in the Stockton record with a coupon that said "Good For $100 Off Any New Mustang (?) In Stock" Two young boys happen to have paper routes in town and saw the ad. Their parent's anniversary was coming up, and they wanted to give them something nice, so after school they went back to 30 someodd of their customers and asked if they could have the coupon. They then went down to the dealership with the coupons and tried to 'buy' the car. They got laughed at and told that it was limit, one per customer, and you had to be a licensed driver. They left.

At home, when questioned about why they were so unhappy, they spilled the story about trying to get them a new car. I don't remember if their father was an attorney, or if it was a friend or relative, but regardless, they went back down to check. Nowhere on the coupon did it list the age requirement, nor did in list the limit. I also believe the parents (or somebody) contacted the newspaper, and it hit the paper.

As best I recall, it never went to court, but I think the owner of the dealership realized that it was his mistake, and the bad publicity could easily do more damage to his business than the $3000.

If I recall correctly, they got the car.


You can be as "right" as you want to be, but at what cost?

[BadKitty]

What happens in a retail store if you mismark an item? Guess what, you are obligated to sell it for that price.

Really? Show me where that is LAW!

I think this is what he is referring to:


California B&P Code, 12024.2.

(a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following:

(1) Charge an amount greater than the price, or to compute an amount greater than a true extension of a price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity.

(2) Charge an amount greater than the lowest price posted on the commodity itself or on a shelf tag that corresponds to the commodity, notwithstanding any limitation of the time period for which the posted price is in effect.

(b) A violation of this section is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or by both, if the violation is willful or grossly negligent, or when the overcharge is more than one dollar ($1).

(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less.

(d) As used in subdivisions (b) and (c), "overcharge" means the amount by which the charge for a commodity exceeds a price that is advertised, posted, marked, displayed, or quoted to that consumer for that commodity at the time of sale.

(e) Except as provided in subdivision (f), for purposes of this section, when more than one price for the same commodity is advertised, posted, marked, displayed, or quoted, the person offering the commodity for sale shall charge the lowest of those prices.

(f) Pricing may be subject to a condition of sale, such as membership in a retailer-sponsored club, the purchase of a minimum quantity, or the purchase of multiples of the same item, provided that the condition is conspicuously posted in the same location as the price.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=12001-13000&file=12001-12027

[Bumslie]

You sound like the 14 year old version of me. "It wasn't my fault, it was the other guys". It's your business, you are responsible for oversight and make sure everything is correct. It is your employee that is at fault, and you need to have some integrity and ethics and go along with the sale.

Boohoo about about the Obama economy btw, spare us the pathetic excuse.
Nice of you to demonize Walmart customers as well, you sure seem the like stand up guy.

Honest mistakes DO happen, and you should own up for those mistakes that you or your employee made. Retailers who place wrong tags on an item, have to sell that item for the correct price, why should you be the exception? You posted for a specific price, and a buyer took it. Man up and sell the item at the posted price. Integrity is worth more than a few dollars as a vendor.

Shame on you

[NRai2001]

I got screwed over on Gunroker.com by a dealer FFL out of Louisville, KY. I bought a saiga 12 shotgun a few weeks ago. He accepted my buy now bid for $759.00. Then he sent me a acceptance email the next day. He then called me and said, "No, I can't sell you this gun. The price was a mistake". I called him on it and he became arguementative, swearing at me. He told me to go to walmart. NICE guy! Buyer beware of "Money solutions". His company is Auctions ASAP. He's a glorified pawnbroker. Scammer! ANYWAY, I am looking for a saiga 12 at a resaonable price. Good luck I guess. let me know. I emailed Gunbroker about the complaint. Good luck with that too. Im sooooo pissed! Price gouging.

Did you get your money back atleast?

[INCINR8]

What I learned from this thread..

1. Moneysolutions has no concept how to structure an anology.

2. Dont buy anything or let friends buy anything from Moneysolutions.

[NRai2001]

If the gun was so obviuosly under priced it may have been an accident.. Maybe they could have compensated you with a gift certificate or credits or something to make up for it atleast..??

But IMHO to be "screwed"
1) cheated you an stole your money without delivering product
2) sold you a damaged product

[EssDee]

Hey Money Solutions....
Could you answer me before you answer Adonis again....

Question....

How much are you or did you selling/sell the item for since the "mistake" was made????

[gun toting monkeyboy]

And look what it says at the bottom of the auction page:

The seller of this item assumes all responsibility for this listing.

So does this mean the buyer has some sort of legal recourse?

-Mb

[sdblu]

So does this mean the buyer has some sort of legal recourse?

-Mb

I am not sure of the rules for Gunbroker as I have never used them, but I have and do use eBay, which uses a similar format. If I as the seller post a price, even as a mistake and a buyer agrees to that price, it is a binding contract and I have to honor that. I have in the past forgot to add or have incorrectly added shipping costs to which I just had to eat it. Sometimes at a loss. As unforntunate as that may be, my reputation by feedback for future transactions is more important. I just chaulk it up as lesson learned.
Legally, and I am no lawyer, I think the seller is at fault. The buyer placed a bid and was accepted by the seller. According to the OP, the seller then sent a comfirmation email. Unless the OP failed to make payment, this is a binding contract.
The unfortunate part as far legal recourse is the lawyers and court fees, especially across state lines will eat up more time and money than the transaction is worth.

This is from Gunbroker's site for Sellers responsibilities:
Sellers’ Rules

1. Listing. Once you list an Item for auction it becomes an irrevocable offer to sell the Item to the winning bidder. Once there is a winning bid, you have a binding legal agreement to sell the listed Item to the winning bidder under the User Agreement, these Site Rules, and according to the terms of your listing for the Item. Once you list an Item and receive a winning bid, you cannot withdraw it from sale. Please carefully consider these obligations before you place an Item for auction.
Found here:

http://www.gunbroker.com/User/SiteRules.aspx

[loophole]

Well, it seems the OP no longer is interested in this thread, and Money Solutions has just found out that not all solutions are good.

This thread will live on in infamy on the internet. The seller will change his name on GB, and hope no one puts two and two together.

Time to move on, I guess.

[madjack956]

Very entertaining and educational thread.

moneysolutions = no business from me....

[Peter.Steele]

There's a whole bunch of people here that don't really understand contract law. Y'all need to review the legal concept called "unilateral mistake," and pay particular attention to Donovan v. RRL (27 P.3d 702 (2001)).

[ysr_racer]

Christ, are you guys still crying abut this?

News flash, sometimes life isn't fair, get over it.