Turners Outdoors Issue

[phil conrad]

I am still waiting for a call from Rob over a year ago..............

[stix213]

This is ridiculous. The sale is already completed and paid for. They can't change the price when you come to pick up your property, regardless if the original price was a mistake on their part.

[gwoneg]

Stores are not legally obligated to sell mismarked products. Courts have ruled that people cannot receive a "windfall" from the store employee's error.



That is different from if the sale was completed already.

This is correct. [WARNING: brace for incoming lecture.] Every law school contracts casebook contains a section filled with cases involving misprinted advertised prices and mismarked prices on tags. A price tag on an item in a store is not an offer sufficient to form a legally binding contract when you pick the item up and bring it to a register. Price tags and ads are instead "invitations to treat" issued by the retailer, or an expression of willingness to negotiate. While retailers may honor their mistakes in pricing or advertising for purposes of goodwill or in the name of "good business," in most circumstances they are not obligated to do so.
However, I believe that a contract was formed in the situation that you have described. There was an offer, that offer was validly accepted, and valuable consideration was paid after negotiation by the parties. From what you've described, Turners doesn't have a legal leg to stand on unless they wish to take the stance that the salesperson had no authority to actually sell you the rifles at all (in which case you would have a strong ostensible agency counter argument).
Further, while a mutual mistake is a defense to the formation of a contract, an erroneous opinion as to the value of the thing that is the subject of the agreement is instead a unilateral mistake. In other words, if you and Turners both believed that you were negotiating for the sale of a SCAR 17 and neither of you were aware that the rifle was actually a .22 clone, there would be no contract. Here, however, the mistake as to applicable discounts was a one-sided or unilateral mistake on Turners' part. Unless they can show that you knew the discounted price was incorrect and tried to take advantage of their error, which does not match the dialogue that you laid out in your original post, their employee's mistake will not prevent the formation of a legally binding contract.
With the caveat that anything can happen in a courtroom, I like your chances if you take them to small claims. Anything beyond that, however, and like most litigation the legal fees would quickly outpace what you could hope to recover (unless there is some applicable consumer protection statute out there, I don't practice in this area).


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[ccoyle]

Sounds like Knucklehead is a frequent customer, wouldnt it make sense to eat the cost which in turn Knucklehead would be extremely happy and continue to purchase items at Turners.

And he would tell all his friends about Turner's exceptional commitment to customer satisfaction, instead of, say, going on a popular gun forum and exposing the company for trying to weasel their way out of a deal.

[knucklehed]

This is correct. [WARNING: brace for incoming lecture.] Every law school contracts casebook contains a section filled with cases involving misprinted advertised prices and mismarked prices on tags. A price tag on an item in a store is not an offer sufficient to form a legally binding contract when you pick the item up and bring it to a register. Price tags and ads are instead "invitations to treat" issued by the retailer, or an expression of willingness to negotiate. While retailers may honor their mistakes in pricing or advertising for purposes of goodwill or in the name of "good business," in most circumstances they are not obligated to do so.
However, I believe that a contract was formed in the situation that you have described. There was an offer, that offer was validly accepted, and valuable consideration was paid after negotiation by the parties. From what you've described, Turners doesn't have a legal leg to stand on unless they wish to take the stance that the salesperson had no authority to actually sell you the rifles at all (in which case you would have a strong ostensible agency counter argument).
Further, while a mutual mistake is a defense to the formation of a contract, an erroneous opinion as to the value of the thing that is the subject of the agreement is instead a unilateral mistake. In other words, if you and Turners both believed that you were negotiating for the sale of a SCAR 17 and neither of you were aware that the rifle was actually a .22 clone, there would be no contract. Here, however, the mistake as to applicable discounts was a one-sided or unilateral mistake on Turners' part. Unless they can show that you knew the discounted price was incorrect and tried to take advantage of their error, which does not match the dialogue that you laid out in your original post, their employee's mistake will not prevent the formation of a legally binding contract.
With the caveat that anything can happen in a courtroom, I like your chances if you take them to small claims. Anything beyond that, however, and like most litigation the legal fees would quickly outpace what you could hope to recover (unless there is some applicable consumer protection statute out there, I don't practice in this area).


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Fantastic response, thank you very much for the taking the time to respond with this.

[DesertBreeze]

I don't understand

If I am not mistaken, Turner's policy is that once you purchase the weapons they belong to you whether your dros is approved or not. They simply are not allowed to release YOUR guns until the state requirement is met. I wonder if you would have had to pay a restocking fee for both weapons had your dros not been cleared. Understanding that you did not solicit the bargain deal and that you were assured that was your final price they need to release your second rifle. Your receipt is your contract. Makes me wonder if they will honor my next purchase, I always pay in full when I dros the weapon. Are they going to change their mind when I come in to pick it up?

[gwoneg]

Fantastic response, thank you very much for the taking the time to respond with this.

Happy to help a CG'er in need., best of luck with your problem.


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[INCINR8]

Really? why do so many people expect everything for free?

It doesnt sound like he expects anything for free. He expects to get what was offered and paid for.

[nedro]

I think Turners is holding another Man's Property against his will. Call the local PD.

[castgold]

California Department of Consumer Affairs Online Complaint

https://www.dca.ca.gov/webapps/gencomplaint/gconline_riv.php

I'd start here. If there is a financial penalty that can be awarded to to the state for business misconduct, they will pursue it. I know of one complete ***hat that was put through the wringer by Consumer Affairs. I'm pretty sure he regretted his actions that lead up to the investigation.

[zman]

Really? why do so many people expect everything for free? She made a MISTAKE. Get over it. The fact that the OP said "I asked her several times if that was the final price" goes to show he knew that did not sound right.
Get your full refund and DROS and be done with it.
Everyone jumps on saying he should get a FREE gun because of a MISTAKE. You have never made a mistake??
Do you guys understand that a company has the make a certain profit and if they do not by giving away FREE guns because of a mistake they will just raise prices in order to make there profit???? In the end YOU will be paying for it.

From Turner's website:

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

[Untamed1972]

Would people be saying the same thing if they'd negotiated and bought a new car, filled out all the paper work showing the agreed upon prices, paid for it in full, but left if with the dealer for a couple of days to tint the windows and scotchguard the upholstery, only to return to pick of your car and have the dealer tell you they made a mistake and if you want your car you own them another $3000?

Remember this was the purchase of a specific, serialized item of merchandise. Not just showing up based on a sales flier and them being out of stock or claiming the add was a misprint. This was a completed transaction, for a specific piece of serialized merchandise. Once payment was made and shown as paid in full that specific piece of merchandise is the property of the OP. Turners has ZERO authority to retain possession of his property.

[Kowan]

From Turner's website:

That deals with online only purchases from their wording.

[ke6guj]

Would people be saying the same thing if they'd negotiated and bought a new car, filled out all the paper work showing the agreed upon prices, paid for it in full, but left if with the dealer for a couple of days to tint the windows and scotchguard the upholstery, only to return to pick of your car and have the dealer tell you they made a mistake and if you want your car you own them another $3000?

I've basically seen this happen on a couple occasions where the customer left with the car after signing all the documents and then getting called saying that the bank declined the loan or some other BS and that they need to come back and leave a bigger down or sign a new finance form at a higher APR.

when that happened, my friend told them I'm out of town for the weekend and I'll be back on Monday. in the meantime, they racked up another 500-1000 miles and told the dealer, "here you can have the car back or you can honor the original deal".

[indytrucks]

That deals with online only purchases from their wording.

That's how I read it.