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01-04-2012, 12:52 PM #11
Contract Law 101:
In order for a contract to be a legal contract, there needs to be a few elements involved:
1. Offer. The seller made an offer to sell the rifle, and from what I've read, the seller also made the conditions of the sale known.
2. Acceptance. The Buyer accepted the offer, including the conditions (making payments without interest until paid off) that the Seller placed on his offer.
3. Consideration. The Consideration in a contract is the mutual benefits derived or promised to be derived by entering into the contract. In this case, the Consideration is the exchange of time payments without interest (monetary value total sum of $395) for the buyer to receive the product (rifle).
If during the "arms-length" negotiations there were no misrepresentations of material facts, and the parties to the contract were considered as being competent parties at the time of the contract being executed, then the contract is in force. Pursuant to the Uniform Commercial Code (UCC), a verbal agreement which is for less than 12 months is a binding contract. Moreover, any subsequent changes to a contract after the initial effectuation thereof, necessitates agreement by the parties to the contract in order for any amendment to the contract to exist. Any unilateral amendment to the initial agreement is otherwise a breach of contract within itself.
Hope this helps.
Capt. Leonardo Ortiz, JD • DD • MsD (not a lawyer, but emeritus law professor)
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01-05-2012, 03:05 AM #12
- Mark Johnson
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Every time I have laid a rifle away it was 120 days to pay it off and no interest.
No timely payments required. You just had a certain amount of time to get er done.
There should be no additional cost in that arrangement because you aren't borrowing money and have not taken possession of the rifle.
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01-05-2012, 10:53 AM #13
The time element is set by the individual store but must be expressed during the negotiations and prior to entering into the contract. Some stores require timely payments. Some stores don't.
Likewise, the arrangements are up to the seller and buyer. Some places have and do charge additional fees for lay-a-ways.
However, once a contract has been entered into, it cannot be unilaterally changed by either party.
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01-12-2012, 01:17 PM #14
- Mark Johnson
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Maybe a signed contract.
I've never signed a contract on a lay away.
The store posts the lay away policy on the sales floor.
Either you get it or you don't.
No way in hell would I deal with a business that charges interest on money that WASN'T borrowed.
I won't do business with someone that offers a lay away plan and charges for it.
There are too many businesses out there that don't.
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01-12-2012, 03:27 PM #15
pekin gun/surplus shop here does 120 days. you put at least 20% down. you have 120 days to pay. you could put 20% down and pay it off on the 120th day without a payment in between. doesnt charge a dime for the plan either. and i would walk away from anyone who began adding hidden charges to a gun i was buying . ive got several guns from him like that.
if he agreed and someone offered to buy it out right or for more cash than he had on it its nobodys fault but his own. after you get the gun tell him to stick it up his rear and you will take you buisness elsewhere. then tell him why.
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01-12-2012, 03:40 PM #16
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01-13-2012, 03:55 PM #17
My dad had a .222, and a friend had a .222 Mag, I couldn't tell the difference as far as performance, and I always figured I 'd get a .222, but then the .223 came out, I got one figurin on using it to hunt deer, but couldn't. I traded it, but the point is for a Rem 700 its a fair price I think. The .222 has been overtaken by the .223 but its still a pretty good round. If it will make your dad happy, then thats what is important.
I'm sure there are other rifles out there, and if in the meantime ya find one you could just walk in and say ya gonna let him sell it to someone else, and take ur business elsewhere.
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01-16-2012, 03:31 PM #18
i paid the rifle off today. brought it home and my dad's eyes lit up like a kid at Christmas. was well worth it seeing him so happy. the guy i got it off of even took a few bucks off of the gun. win/win for me.
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01-17-2012, 11:48 AM #19
- Mark Johnson
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That's great man.
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01-18-2012, 09:46 PM #20
Glad ya got done payin it off, Great gift for your dad too.



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