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Thread: Crazy Trade-In Story, Guy wants stuff back the next day?

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    Default Crazy Trade-In Story, Guy wants stuff back the next day?

    So one of my guys does a buy of some systems, empty boxes, some garbage, boxed games, etc....it's about $50 he gives the guy last night. After putting half the stuff on the shelf and going through the eBay pile the guy (who is about 35 or so) calls me back and says he wants his stuff back saying his little brothers were "not ready to give it up" yet. Now, the guy is over 18, the systems are all classic and he offered me an extra $25 to come and get it back, and he's an hour and a half away.

    My thinking is he thinks he could have gotten more elsewhere after looking on ebay or something, but he says that the $50 we gave him (which he negotiated after we originally said $44) was not the issue...

    He then says something about some Tennessee law stating that we have to hold stuff for 24 hours before we sell it after buying? (WTF? Never heard of this) and I'm pretty certain that is for pawn shops and video game systems and serial numbers...


    Anyone ever heard of someone trying to do this before?

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    I know this has happened to Nick at Next Level Videogames, recently too.


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    HAHAHA Laugh at him and tell him to get lost, espically since he pulled that it's a law crap. DO NOT GIVE HIM HIS STUFF BACK. Some dude that trades in old games for $50 bucks will not be calling anyone about laws.

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    Tell him store policy is no buybacks. He likely won't push the issue.

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    I already told the guy we don't do buybacks....I am positive it's a "whoops, that stuff goes for more on ebay" type of 180 he is trying to pull...

    Oh, and this guy drove 90 minutes here to sell the stuff in the first place...

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    Argument by appeal to what probably amounts to a fictitious law huh? I am reminded: "No ma'am, we will not come to enforce your Western Bacon Cheeseburger."

    If I documented everything he brought, I'd sell it back to him at resale price minus a certain percentage to try and make it all smooth (a quick volume turn around is worth something at least). Something tells me $75 wouldn't even be close though (the new information of a 90 minute drive confirms that). And I wouldn't eat any more because this guy changed his mind. If that didn't work, then I would not miss him as a customer.
    Last edited by Icarus Moonsight; 08-17-2010 at 12:57 PM.


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    This would occasionally happen at the Funcoland I used to manage.

    And while I'm sure that from a legal standpoint the signature required on the trade-in slip would be "legally binding", if the matter ever did escalate to corporate they would typically just cave and let the person have their stuff back, especially since we didn't give cash, only store credit.

    Sounds like it's going to be a headache to fight the guy over the stuff. If it's worth the time to fight it out, nobody can stop you, but I'd be more inclined to just give the stuff back, especially if you're going to make some small profit on the deal.
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    Quote Originally Posted by Icarus Moonsight View Post
    Argument by appeal to what probably amounts to a fictitious law huh? I am reminded: "No ma'am, we will not come to enforce your Western Bacon Cheeseburger."

    If I documented everything he brought, I'd sell it back to him at resale price minus a certain percentage to try and make it all smooth (a quick volume turn around is worth something at least). Something tells me $75 wouldn't even be close though (the new information of a 90 minute drive confirms that). And I wouldn't eat any more because this guy changed his mind. If that didn't work, then I would not miss him as a customer.
    Actually, all those stories about people calling the police on fast food places miss the point. Generally, the customer places an order and after they pay, is told they don't have the item they ordered available. So, the customer asks for a refund. The cashier refuses saying they will have to order something else because the transaction has already gone through. At that point, faced with not getting the food they ordered and being told they can't have their money back, the very frustrated customer calls 911. Now I agree that's the wrong approach and it isn't an emergency, but what is a customer supposed to do in that situation? Just walk away and let the fast food place steal their money? In this situation, if the items haven't been sold yet, I agree there is no legal reason to agree to the request, but it seems like good business to just return the items in exchange for the payment given that this guy could be telling the truth.

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    Don't do it.
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    I remember reading that some states do require stores that buy used games and systems to be regulated in the same way that pawn shops are. That is one reason why some require the person selling the items to be 18 years old and provide identification. Don't know if this applies in your situation, but that guy could be correct. Although the reason for holding for 24 hours usually is not for seller's remorse, but rather to see if any items sold are reported stolen.

    JY

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    Quote Originally Posted by Icarus Moonsight View Post
    Argument by appeal to what probably amounts to a fictitious law huh? I am reminded: "No ma'am, we will not come to enforce your Western Bacon Cheeseburger."
    A bit off-topic:

    As soon as I read that quote, I immediately did a search on that.

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    Quote Originally Posted by Jimmy Yakapucci View Post
    I remember reading that some states do require stores that buy used games and systems to be regulated in the same way that pawn shops are. That is one reason why some require the person selling the items to be 18 years old and provide identification. Don't know if this applies in your situation, but that guy could be correct. Although the reason for holding for 24 hours usually is not for seller's remorse, but rather to see if any items sold are reported stolen.

    JY
    That's what happened to one retailer in California. He stills owns one store in Los Angeles on Palms, but his other store got raided because he was operating it without a pawnshop license.

    Although I still wouldn't give this guy's stuff back unless you buy into that sob story about his little brothers.

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    Probably best to just give it back to him. Def not worth the potential headaches it could cause. While I don't think he would take legal action def best just to CYA if you know what I mean.

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    I highly doubt that he could successfully pursue any legitimate legal action against you. That being said, if you're running a business I would be sure that I know all of the potential legal ramifications. Sounds like you need to do some research.

    As far as the games/etc go. Is it really going to be that big of a deal to give it back to him? From what it sounds like you got from him, you'd be making about $200 on resale? I really have no idea, but I doubt it's $500 worth of inventory. The guy lives 90 minutes away and obviously isn't a collector, etc. My point is, if you did return his items, I doubt that you'll be faced with the same issue again based on word of mouth. If it was me, I would just give it back and tell him that you will NOT do this again as it's against store policy. Let's say his story is true? How would you have felt if your parents sold your NES when you were young. That would have been terrible for me.

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    The main problem is I don't even know everything he traded in...there were boxes, pamphlets, random overstock games, memory cards, I mean, there is NO list, and honestly, why should I give it back? I have a resale certificate, I buy things for resale. The guy was over 18, and after 90 min of work putting all this stuff on shelves and away (and 4 of the things he had were sold immediately in the morning) it just doesn't make sense, the guy can claim anything he wants...

    I SOLD THEM $50 WORTH OF STUFF and THERE IT ALL IS. At that point it is my word against his but the employee that took it all it can basically say at that point what came in and what did not, but the point is the guy hung up on me after I told him he couldn't have the stuff back for $75, we just don't give back buybacks....it's not a pawn shop where you put something on hold for a few days and pay X amount to get it back and EVERY single game store/music store/trade in place operates the same way I do with the same licenses I have...so I don't see how seller's remorse plays a role here a day after it gets sold...

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    So I've just been combing through Tennessee Law. You are not a pawn shop under the legal definition according to Tenn. You're right. He's over 18, so that's a non-issue. If he was not, you'd obviously have an issue. If there is a sign in your store that states that you do not provide buy backs, or that all sales are final, then you have even less to worry about. Some receipts I've seen after selling something to a store state this.

    If you don't even know what the stuff is, then I wouldn't mess with it. I didn't realize that. Plus, if some of it is sold, even if you wanted to give it back, he's SOL.

    Here's a link to all of Tennessee's laws FYI.

    http://www.michie.com/tennessee/lpex...=main-h.htm&cp

    Even though you're not a pawn shop, you might need to look into the laws regarding record keeping. Apparently you are required to keep documentation on ALL of the purchases in detail. I realize that you're not a PS, but it probably wouldn't be a bad practice on in store purchases. I'm not running down what you do, I'm just giving my opinion based on what I read. I would definitely add a sign to your register/check out counter stating your buying policy. A simple "All Trade-Ins and Purchases by Game Galaxy are Final" would probably do.

    The only definite way to see if you're potentially liable for anything would be to go through case dockets from similar cases and see how they turned out. Considering the guy would probably have to pay an attorney $1000 to even look into it, I highly doubt that it would be worth your time.
    Last edited by Darko; 08-18-2010 at 08:45 AM.

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    I know someone who owns a game store and goes through the same issues. His solution has always been just to return their money or items, smile, send them on their way, and never deal with them again whether it was a buy or trade. Some peoples excuses to return things were ridiculous and weren't his issue. I would ask him why he didn't stand his ground and he would say "That guy is going to be a problem. I have enough loyal customers and don't need these people with their problems. I'd rather give him his money back and never have to deal with him again. It's not worth getting a brick in the window, or anonymously make some bogus story about my store online. We're both happy now". He was absolutely right.

    As for legal mumbo jumbo, the holding period after a transaction has nothing to do with buyers remorse. There is indeed a time period in which you have to hold items before you can sell them. This depends on what kind of business you've applied for when acquiring your permits. Usually there's a used video game, cd, dvd permit you can register for that isn't a pawn shop. The rules aren't as strict for that permit as a pawn shop is and you're not generally required to hold things before you sell them. In any case, the time frame varies from location, but it's there for police use. It's used to easily trace stolen items and thieves before they can be sold over and over again rendering their investigation useless.

    As for the issue of being 18+ in case anyone is wondering, it has to do with people being under the age of 18 unable to commit to a contract. It's there to protect young people from being taken advantage of. If you enter into an agreement or contract over goods with someone under 18, they can technically turn around and ask for their things back and there's nothing you can do about it. So having a person under 18 trade stuff in and then sign a piece of paper is useless. That signature means nothing till they are 18.
    Last edited by bend; 08-17-2010 at 04:18 PM.

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    If he didn't have permission to sell the stuff for his brother you might have another issue on your hands. It sounds like he is just going to piss off though.
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    double post. delete.

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    Darko: Thanks for that, I knew those laws were in place and we weren't a pawn shop, but there no way I am going to be writing down "4 pieces of Nintendo paper, Game Boy box, Game Boy manual, etc)

    Basically, we do have record keeping but not for large buys, it's something like: BIG BUY SNES/NES/ETC.

    Because seriously, what game store knows how many AV Cables and AC Adapters for Game Boy Pocket/Light/Color/NES/SNES/ they have lying around. Same goes with flea markets, .

    I mean, we do have an inventory of some things, but we have a 50 cent crap box and it costs more for me to deal with if I don't just toss most of the "crap" we get in to that.

    Bend: There is no hold time on my items...it's 18 and over and that's it...we're not a pawn shop and we don't even adhere to the same restrictions they have, we're basically a mini game store inside of an arcade....not even a "large" game store...we don't have a credit card machine!

    Backguard: it wasn't a "stealing" thing from his brother, that is for sure....

    Darko: We do have ALL SALES ARE FINAL right above the register, never had a problem with that, we take things back within 72 hours if they are broken but we are lenient on that, no returns for unwanted stuff like GameStop does though...

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