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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33555
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I consigned about sixty guns to a licensed gun dealer who has

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I consigned about sixty guns to a licensed gun dealer who has gun sales business in Calif. I was verbally told he would evaluate each gun and price it on the high end of their value and go over the prices with me so that we could agree prior to selling. He never went over his pricing and sold 40 guns of mine in just 6 wks at below their value, anywhere from 20% to 45% less, than takes his agreed upon 20% commission from the sale. I also find out after the fact, he actually bought a gun for himself, in which he set the price of $1700, gave himself a $200 discount and paid $1500, for what is valued at a $2500 gun. When I learned of this I tried to return his check and cash payment but he refused. Tried again, and he refused claiming he "overpaid" for it anyway. Finally, I did cash his check but told him I was still protesting the sale.. Now he's claiming because I cashed his check the sale is closed and still refuses to give me back my gun. NOW MY QUESTION in two parts: (1) Do I have a small claims case against him for selling my guns 20-45% below their value? The only thing in writing agreed to is a 20% commission to him, only verbal that prices would be discussed and agreed to prior to sale. (2) Can he puchase my gun secretly at his own price, even below his list price and when challenged orders me to leave 3 separate dates when i protested the sale and the price he paid... and does cashing his check finally( afraid I was going to lose it at some point) mean he can keep my gun?
1) You have a case, but it isn't an automatic win by any means, it is a swearing match so it depends on who the judge believes. 2) This one is a little clearer and actually helps you with #1. It is not reasonable or a good "fiduciary relationship" for him to mark the gun below value, discount it and buy it himself without okaying it with you first. This is self dealing and it is likely the judge will frown on it and the fact that the dealer did it casts doubts on his honesty and so helps with #1.

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