Guitar dispute, anyone got a lawyer friend?
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- Reg18
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Guitar dispute, anyone got a lawyer friend?
So I recently bought a Les Paul Classic with a headstock repair. When it arrived it had a forward bow in the neck and after tightening the truss Rod it pulled it pretty much into alignment but not perfectly straight, and there was already an extra washer in place for extra leverage so it had been mucked around with before.
I have since taken it to 2 luthiers to asses and the first one couldn’t do anything but the second one Peter Stephen can……at a cost.
So do I have grounds to ask for the seller to contribute to the repairs on a second hand TM purchased guitar?
And if so and they refuse what steps can I take?
Snippets from TM auction and estimated cost of repairs.
I have since taken it to 2 luthiers to asses and the first one couldn’t do anything but the second one Peter Stephen can……at a cost.
So do I have grounds to ask for the seller to contribute to the repairs on a second hand TM purchased guitar?
And if so and they refuse what steps can I take?
Snippets from TM auction and estimated cost of repairs.
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- Reg18
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Re: Guitar dispute, anyone got a lawyer friend?
And their response! Was hoping it wouldn’t come to this.
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- jimi
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Re: Guitar dispute, anyone got a lawyer friend?
Not a lawyer, nor do I have a lawyer friend, but here's a hot-take anyway..
Sold as-is with a disclosed headstock repair. Assume you got a cheap price because of this?
If price paid + $810 is around the price of a 2nd hand LP without a headstock repair, I'd say you gambled and came out even.
Sold as-is with a disclosed headstock repair. Assume you got a cheap price because of this?
If price paid + $810 is around the price of a 2nd hand LP without a headstock repair, I'd say you gambled and came out even.
- The Scarecrow
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Re: Guitar dispute, anyone got a lawyer friend?
Yeah I have to agree here. I don't think you can really get too righteous when it was all fairly well disclosed as jimi states.jimi wrote: ↑Fri Mar 04, 2022 3:16 pm Not a lawyer, nor do I have a lawyer friend, but here's a hot-take anyway..
Sold as-is with a disclosed headstock repair. Assume you got a cheap price because of this?
If price paid + $810 is around the price of a 2nd hand LP without a headstock repair, I'd say you gambled and came out even.
In fact, I'd probably be writing the same thing as the seller has almost word for word in their position, though I do understand it can be a different scenario when you can't inspect/pickup personally. In those situations, I guess you have to be willing to accept the risk of it not being what you'd hope for?
I guess I'd look at it and go, is it still a good bargain and instrument after any additional costs? If so, then you won. If not, then you probably broke even and although it may not be what you wanted, you may want to move it on to recoup losses.
Last edited by The Scarecrow on Fri Mar 04, 2022 3:26 pm, edited 2 times in total.
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Re: Guitar dispute, anyone got a lawyer friend?
I don't have any kind of professional legal experience but I too am in complete agreement with jimi and the Scarecrow given what I have read here.
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Re: Guitar dispute, anyone got a lawyer friend?
Not sounding good! The Luthier has said the headstock repair looks to be good (done by Glynn) and is most likely nothing to do with the bowed neck. Is there a “fit for purpose” thing with S/H goods or only new?
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Re: Guitar dispute, anyone got a lawyer friend?
As far as I know, second-hand is entirely at buyers risk, and always has been?
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Re: Guitar dispute, anyone got a lawyer friend?
This is sounding worse and worse by the second for me!The Scarecrow wrote: ↑Fri Mar 04, 2022 3:27 pmAs far as I know, second-hand is entirely at buyers risk, and always has been?
Stand by for fire sale of other gear to pay for repairs!
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Re: Guitar dispute, anyone got a lawyer friend?
My experience with this is limited, but my understanding would be you might have more luck with the goods being guaranteed if it was bought from a second hand dealer, as opposed to an individual - my guess would be if you were to dispute this, it'd all come down to the description the seller used on the auction, and as they described it "as is", "much loved", "in need of some love" etc. I wouldn't fancy your chances in that regard.
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Re: Guitar dispute, anyone got a lawyer friend?
Pretty much this. I have a MASSIVE list of caveats/disclaimers on all my TM auctions now to indemnify me from any responsibility in this regard. That might sound elite, but it's best to be clear with people from the outset about what the deal is. I feel for the OP, but at the same time, I don't think the seller is in the wrong here.SixGunLover wrote: ↑Fri Mar 04, 2022 3:33 pm My experience with this is limited, but my understanding would be you might have more luck with the goods being guaranteed if it was bought from a second hand dealer, as opposed to an individual - my guess would be if you were to dispute this, it'd all come down to the description the seller used on the auction, and as they described it "as is", "much loved", "in need of some love" etc. I wouldn't fancy your chances in that regard.
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Re: Guitar dispute, anyone got a lawyer friend?
i skimmed the first part,how did you get peter to assess something so fast?
maybe ill get him to do some set ups!
maybe ill get him to do some set ups!
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Re: Guitar dispute, anyone got a lawyer friend?
It’s a real bummer, but shimming the truss Rod would be my first move here, provided the truss rod does not feel too tight already. If it is very resistive, then yes, the more expensive repair.
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Re: Guitar dispute, anyone got a lawyer friend?
Haha, yeah he’s usually months. Musicians aren’t doing gigs at the moment so he’s quieter than usual.
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Re: Guitar dispute, anyone got a lawyer friend?
Now the question what the heck to do!
So I’m getting the overwhelming feedback it’s not something that would have legs in the small claims tribunal or anything like that, however it still
Leaves me with a repaired headstock guitar that will owe me well over what a good S/H would by the time it’s repaired. Meaning I’m basically deciding it’s a keeper and it doesn’t matter what it owes me. Or sell it “as is” for a loss to someone who can repair themselves. Not the position I was anticipating being in.
So I’m getting the overwhelming feedback it’s not something that would have legs in the small claims tribunal or anything like that, however it still
Leaves me with a repaired headstock guitar that will owe me well over what a good S/H would by the time it’s repaired. Meaning I’m basically deciding it’s a keeper and it doesn’t matter what it owes me. Or sell it “as is” for a loss to someone who can repair themselves. Not the position I was anticipating being in.
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Re: Guitar dispute, anyone got a lawyer friend?
Oh bro, I'm so sorry about this I literally didn't notice anything amiss when I gave it the once over. It was a contactless pickup as well
So, is that low alcohol or no alcohol at all? mmmm, no alcohol, do you want to try it? Noooooooooo.