Larry Garner Auctioneers fraudulently profited from me during one of Larry's gun auctions by selling me an antique shotgun that he boasted was a rare 10 gauge that I later discovered was indeed a much less valuable 12 gauge. The gun was advertised in all ads as a 10 gauge, was identified in all printed catalogs as a 10 gauge, was described before bidding began as a 10 gauge, and was proclaimed by Larry himself several times during the auction that it was a 10 gauge.
Because Larry receives a percentage of the selling price of the guns he sells for the Seller, Larry makes an effort to sell each gun at the highest possible price to the Buyer. Larry also receives $10.00 for each gun sold.
Antique 10 gauge shotguns are rarer and thus more valuable than 12 gauge shotguns of equal type and condition. I, the Buyer, paid a premium price for this broken gun solely because it was advertised, identified, described, and proclaimed to be a 10 gauge that I later discovered was not true and indeed is a 12 gauge.
A refund was requested from Mr. Garner but he refuses to take responsibility for his unethical business practices and lack of integrity. A refund is being pursued because of the following that also meet the definition of fraud:
1. The 12 gauge gun was misrepresented as a 10 gauge in all ads and in all printed catalogs and was falsely proclaimed so several times during the auction in an attempt to boost bids.
2. All bidders at the auction and all Internet bidders relied upon the false information that Larry presented as being true.
3. Because we the people relied upon Larry's printed catalogs and false statements made during the auction, the bids were fraudulently inflated, I suffered a loss of money, and Larry benefited, solely because of Larry's false information and false statements.
Larry also attempted to blame the Seller (i.E. The "old gentleman") for the false advertising despite the fact that Larry had information that proved the Seller was not at fault.
Larry also violated several auctioneer codes of ethics when he unjustly criticized at least two of his competitors during a phone conversation.
Larry indicated to the Better Business Bureau (BBB), that his final stand on the matter is that:
"While this gun may have been in an ad as a 10 ga. Because of someones typographical error, It was shown and sold as a 12 ga."
The truth of the matter is that:
"While this gun was indeed in all ads as well as in all printed catalogs as a 10 ga. And was described before bidding began as a 10 ga. And Larry Garner himself proclaimed several times during the bidding that the gun was a 10 ga., the gun is actually a 12 ga."
It is worthwhile to note that Larry also attempted to hide behind his Terms & Conditions. However, his lawyer should have advised him that his Terms & Conditions do not protect him from false advertising nor fraud, as some Ohio auction Terms and Conditions are more accurately worded as:
"If any part of these Terms and Conditions is found by an Ohio court to be invalid, illegal or unenforceable that part will be discounted and the rest of the Terms and Conditions will continue to be valid to the fullest extent permitted by law."
The efforts in this case are being made in an attempt to protect other consumers from being taken advantage of. I have always believed that it is my civic responsibility to pursue such matters as a member of a democratic society because we are all so fortunate in this country to have the option of protecting those less powerful. And, of ultimate importance, because of the lives sacrificed (and maimed) in defending those freedoms in our civilized country.
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