Lawyers (or anyone knowledgeable): Legal question concerning LHBS!

[hunter_le five]

Actually the BBB is more about the person then the business, when I was in high school I worked at an outdoors store and we rented kayaks. This guy signed paper work that basically said if you break it you buy it, well he broke it and he got the BBB involved and won. He Basically broke a $400 kayak because of inexperience and walked away without any Repercussions.

"Won"? Businesses are not required to cooperate with the BBB or do anything the BBB says. The BBB is a collection of private loosely affiliated nonprofit companies, not a government regulatory agency. They have no actual authority. The only thing that could compel a business to obey the BBB is the desire to maintain a positive BBB rating.

 

[EcuPirate07]

"Won"? Businesses are not required to cooperate with the BBB or do anything the BBB says. The BBB is a collection of private loosely affiliated nonprofit companies, not a government regulatory agency. They have no actual authority. The only thing that could compel a business to obey the BBB is the desire to maintain a positive BBB rating.

You are right, I guess more or less the company didn't make him pay so their BBB rating wouldn't go down due to the complaint he filled.

 

[jkovac]

It sucks to get ripped off but how much of your time and energy do you want to give up for that small an amount of money? Getting a lawyer? You can't be serious.

 

[bu_gee]

I think in the eyes of the BBB, this issue would be resolved since the kegs were delivered to the letter of the contract.

What I would do, since it is so conveniently close, is walk in every brew day and buy 3 bottle caps for giving away bottles brewed with supplies from another LHBS. I'd also bust his balls about how he could deliver 2 of the bottle caps later if he needed to and wasn't gonna raise the price.

 

[rockydog101]

I think I will go in and talk to him in person first. I'd much rather avoid court if I can.

See my above post, but yes, I do have it in writing, fortunately.



I hadn't considered the time playing against my favor. Hmmm...



To me, this is about the principle of the matter, not the money.

I'm sorry, but considering a lawsuit over $40 is insane. PM me your PayPal and I'll send you $40. If I were the brew shop owner I would be happy to lose you as a customer.

 

[blackbeer]

take the refund and never do business with him again. he's a dirt bag for not honoring your original deal, whether he lost money or not.

 

[rockydog101]

They do have ball lock posts on them... But I specifically bought Pepsi kegs (what it said on the receipt). Even if he didn't specify this on the receipt, the kegs simply are not the same, and can not be sold interchangeably as the same product.



It's good only so long as I'm not being taken advantage of. I'd never do what he did to me to a friend, thus I don't expect a friend to do that to me.

But, frankly, could you please stop posting in my thread?

Will you sue him if he doesn't stop posting here?

 

[Dutchbier]

I wanted to sue somebody but legally I did not have a keg to stand on. I just read all seven pages here because there is nothing good on TV tonight.

 

[max384]

Will you sue him if he doesn't stop posting here?

You're trolling, and you know it.

 

[jsprinceiii]

I wanted to sue somebody but legally I did not have a keg to stand on. I just read all seven pages here because there is nothing good on TV tonight.

So, could you say your 'Tapped Out' ?

 

[treacheroustexan]

I see exactly where the OP is coming from. But, I would just get your money back from the kegs and let him know that you will know longer be a customer. Maybe he will think twice next time .

 

[Bobby_M]

As soon as I heard that he wanted more money for them, I would have asked for the refund with interest and made sure he knew I would never be back. If a business can't afford $40 to make things right with a customer that has spent and likely would have spent hundreds more is destined to fail anyway.

 

[rockydog101]

You're trolling, and you know it.

Slander. I'll see you in court, buddy.

 

[PGEduardo]

Slander. I'll see you in court, buddy.

You mean libel. Slander is verbal. Trollolol

 

[hunter_le five]

If a business can't afford $40 to make things right with a customer that has spent and likely would have spent hundreds more is destined to fail anyway.

This.

 

[Gavin C]

If the facts are as you say, and I have no reason to doubt the veracity of the version of events you describe, it would seem that this guy must be struggling from a business standpoint. If he cannot see the damage to the business by not honoring the deal it is likely the writing may be on the wall.

I would propose this compromise. Instead of the $40 back, ask him for a sack of base malt and a pound of hops (1 type in a pound bag)

You will benefit. The business will not be out by much if at all and that will be it.

If no luck with this approach, I would take the $40, walk away and never give it another thought. A day in court even if you win, you will be out, time off work, gas to and from the court house, stress of thinking about the situation, wasted effort.

Not worth it. Move on. That would be my thinking. I know it's not the purpose of the thread but thought I would reiterate the voice of reason as others have already done.

 

[Natdavis777]

If no luck with this approach, I would take the $40, walk away and never give it another thought. A day in court even if you win, you will be out, time off work, gas to and from the court house, stress of thinking about the situation, wasted effort.



Not worth it. Move on.

This. Court isnt worth such a minute amount, and in the end, you still loose (regarless of the other party). Dont be one of the "sue happy" parties.... You said you have a LHBS besides this one, so a proclamation of "Ill take my business there, and I will tell the local brewing community about it" will certainly grab their attention.



I can understand court with a given amount in the thousands, or even hundreds, but being < 100$, cut your loss and get what you can. Your business is better deserved and wanted elsewhere.

 

[elkshadow]

Well, he screwed up. He sold you an item he didn't have with the anticipation that he would have it and be able to sell it at the price he sold it to you for.

His recourse should be to suck it up and give you the kegs at a loss.

This is the bottom line. He sold you two kegs. He owes you two kegs. The fact that he lost the initial supplier has no bearing on the terms of sale.

It sounds like you're not going to do business with him anymore so it seems like whatever he does doesn't matter. You're going to get 2 kegs or 40 bucks. It sounds like he would rather give you the 40 bucks. If he gives you the 40 bucks you haven't lost anything.

If you really want the kegs (principle aside, you said in the OP you really didn't *need them) I would ask one more time for the kegs and if he says no here's 40 bucks again, I'd take the 40 and let it go and shop somewhere else.

It sounds like a "who's more stubborn" pissing match at this point.

 

[max384]

I stopped into my bank this morning and did a run on my account for withdrawals to this LHBS for the past two years (as long as they can go back). It came out to close to $2000. I've probably spent close to that much in cash as well.

So this guy threw away my regular business over $40. Terrible business sense...


I was going to write him a letter with this information, but I've decided against it. I'm just going to speak with my wallet.

 

[petey_c]

He might not have realized how much money you've spent there in the last year. That goes back to the other point, not good business sense. You should know someone who comes in your place of business often and always spends money...

 

[JKoravos]

Absolutely, poor business practices. Had I have been in that position, I would have eaten the cost of the newer kegs without question.

Really poorly handled all around.

 

[user 83772]

This thread is perhaps the nuttiest thing I've read today.

I'm all for principle but IMHO, I've got better things to do than contemplate legal action over an attempted $40 screw-job by some grain-peddler.

I'd have taken the refund and gone happily on my way, never to darken his doorstep again, prior "friendship" or no. Life is too short to sweat the small stuff, and a $40 dispute, especially after a year's time, falls squarely in that category.

 

[rowan57]

Hilarious thread. Tldr. Subs: $40. Guy wants to sue. Tldr.

 

[bigdaddybrew]

What made the equipment package a good deal was the cheap kegs. You mentioned paying a premium for the other parts. How much extra did you pay for the rest of the package? I would show him how much extra you paid. Add that to the keg refund and offer to take it in store credit. Let's say it's $80. I then offer to spend it all on the spot plus another $40 to ease his loss. He gets the benefit of keeping all the money in his store, keeping you as a customer and it minimizes his loss because some of it will be absorbed by his margin. You get compensated for your actual financial loss.

 

[mattd2]

My only problem with his solution of the $40 refund is the issue with you saying the $20/keg deal was what made the kegerator worth it - without that it sounds like you don't think it would have been a deal.
How much does he sell kegs for normally?

 

[max384]

My only problem with his solution of the $40 refund is the issue with you saying the $20/keg deal was what made the kegerator worth it - without that it sounds like you don't think it would have been a deal.
How much does he sell kegs for normally?

This is exactly the issue. And I forgot to mention (whoops, this is kind of important) that he discounted the kegs because they were part of the package deal. So he wasn't even offering to refund me his normal keg price, only the package deal discounted price he gave me on them. I'm not sure how much he normally charged for kegs before losing his supplier, as I did not keg at that time.

 

[BBQB]

I read this whole thread. I'm ready to give you 40$ just so I don't have to read this anymore...

 

[b-boy]

This is as black and white as it gets. You paid for 2 kegs, so the guy owes you 2 kegs.

That being said, I'd take the money, call him an ass, changes LHBSs, and tell everyone I knew about the situation. The guy is a pretty poor businessman.

 

[max384]

I read this whole thread. I'm ready to give you 40$ just so I don't have to read this anymore...

I'll pm you my paypal details...

Please send it as a gift so I can avoid fees.

 

[mattd2]

I'll pm you my paypal details...

Please send it as a gift so I can avoid fees.

So far you are up $120 if you take both $40 offers from here and the original refund!
Really I don't think you are going to "win" here by taking this further legally, you will be out of pocket and he will be pissed off and likely to fight you harder. And anyone who hears about the situation will just think you are the stupid guy that annoyingly took their LHBS to court over $40.