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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I purchased a rifle through an online auction site from a gun

Resolved Question:

I purchased a rifle through an online auction site from a gun dealer in Chandler, AZ. I live in Northern Califronia. In order to expedite the shipment, I was asked to send the full amount of the purchase via Cashier's Check and to have the gun shop in Cal contact the Chandler dealership to arrange shipment per state and federal law (they must ship to a licensed firearms agent). My local gun shop provided info via email and I paid the CA licensing and transfer fees to the local CA gun shop. I have documentaion of the cashiers check, Express Mail sending of check, emails from the Chandler gun shop including one stating that they received payment, etc.

Ater repeated attempts at satisfaction, however, the AZ gun shop has not shipped the rifle. They told me over the phone on Friday that it was ready to ship. Per the terms of the auction, the transaction was supposed to be completed five days from the auction win date. It has now been 7 days. they are not answering my emails regarding if the product has shipped, and I am reluctant at this point to not have written record of communication since they appear to be avoiding me.

What legal recourses do I have if the Chandler gun shop continues to not ship the product? And is there a timeframe I have to wait before filing to allow them to comply? Could an attorney file a complaint against them in my behalf should it go that far, or would I have to appear in person?

FYI, I have family in Mesa that could potentially go in person to Chandler to pick up re-payment.

Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

You could sue for breach of contract and, possibly, fraud. The law is still being developed on where you can sue, you would want to talk to a local lawyer and see how your local judge is likely to rule if you sue them where you are located.

JD 1992 :

There is no specific timeframe to wait before suing them other than whatever the agreement was. Absent an agreement then the law would just state a "reasonable" time.

JD 1992 :

You would have to appear in person at the trial of the matter but likely that would be the only time. The attorney could file for you but you would have to appear at trial to prove the elements of the case.

JD 1992 :

You can sue for your attorney's fees as well.

Customer:

I assume I could sue for other associated fees as well including the CA licensing/transfer fees, Fedex etc? Is there a cut-off amount for small claims vs. regular civil court? The amount is over $500.

JD 1992 :

Yes, all of your charges.

JD 1992 :

In CA small claims is up to $25k.

Customer:

Would it be reasonable to wait say a week or two beyond the "contract" time before ramping up legal action to allow them "reasonable" compliance time?

JD 1992 :

Usually 7-10 days is a pretty reasonable amount of time.

JD 1992 :

If you speak to a lawyer they may even want to send them a letter and give them a deadline.

Customer:

Are affidavits admissible in AZ courts--i.e. if I got my local licensed agent to write out their involvement, etc.?

JD 1992 :

No. Affidavits are hearsay for trial purposes.

JD 1992 :

Your lawyer can do a deposition or a deposition on written questions and that will suffice.

Customer:

Ok. I have a paper trail from the local agent anyways, because they emailed and also gave me a written receipt for the license transfer fees.

Customer:

Thank you.

JD 1992 :

Anything else I can assist with?

Customer:

No. I just wanted clarification in advance of doing anything.

JD 1992 :

Best wishes to you.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Customer:

Thank you again.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27190
Experience: Began practicing law in 1992
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