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Rich
Rodriguez
Registered
User
Posts: 62
(7/27/01 8:08:07
pm)
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Any Lawyers in
the House!
Here's my dilemma,
I sold a cello to an individual via the
Internet. I told him what the label said Stradivarius,but I never
told him it was a real Stradivarius I assumed he knew it wasn't and
didn't think twice to mention it. He sent me the money and I sent
him the cello. Now he wants his money back because it's not a real
Stradivarius! I never once told him it was. My question is by law do
I have to give him back his money. I think he thought I was a fool
who didn't know what I had and he would rip me off. When he found
out it was a copy, he wanted his money back.
Any replies
would be much appreciated.
|
 Steve
Drake
Registered
User
Posts: 398
(7/27/01 10:05:15
pm)
Reply
Community Supporter
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Re: Any Lawyers
in the House!
What fools these mortals be. This person really thought he was
going to get a genuine strad through the internet? Did you charge
him 5 mil?
Return his money after he returns your cello,
minus a small handling and shipping fee - and insist that it be in
the exact same condition as when you sent it. No point in getting
involved with idiots like this. If this guy gets rattled up enough,
he could find a lawyer that would make your life a little poorer.
And you might want to send him a letter apologizing for the mistake
- you assumed he realized it was a copy, as the originals are rare
and valuable, and would never be exchanged casually for small sums
of money. Make sure you keep a copy of this letter in case things
get ugly. Yes, you probably should return his money upon return of
the cello - in case you unintentionally misrepresented the cello.
My MP3's
My Cello
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Rich
Rodriguez
Registered
User
Posts: 63
(7/27/01 11:18:11
pm)
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|
Re: Any Lawyers
in the House!
Do you really think he has legal presidence? What about buyer
beware and a buyers responsibility to research before he buys.
I
didn't advertise it as a Strad, just a vintage cello. What if the
label had said some obscure makers name that I had no idea about,
but was still a copy? What then?
|
drcello
Registered User
Posts: 527
(7/28/01 6:44:50 am)
Reply
| Edit
|
Steve is
right
It doesn't matter what your or his intentions were. Caveat Emptor
doesn't matter. If he gets a lawyer and sues you, you will soon find
out that it's not worth the trouble, even if you are in the right.
Get the cello back in good condition, send him back his money, and
move on. Thus Judge Judy would say, I bet!
Marshall C. St. John
drcello@vei.net
Wayside Presbyterian Church
|
bridge
Registered
User
Posts: 155
(7/28/01 8:47:00
am)
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|
My Humble
Advice
Why go to war over something so silly. Give him his money back and
sell it to someone else.
I am not a lawyer, but you can be
sued over anything. And then you need to respond. Even if the person
doesn't have a case, you still need to respond to it. Who needs the
headache?!
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CelloBass
Registered User
Posts: 26
(7/28/01 9:44:11 am)
Reply
|
Re: My Humble
Advice
Rich, I agree with all people who told you that the whole
transaction should be undone. Case the buyer wants to make trouble
anyway, I think you are on the safe side because you chose the
correct wording. Luthiers intentionally use the expressions
"instrument labeled Stradivari" or "label Stradivari" to make clear
that it is only labeled Stradivari, but the instrument is not a real
Strad. If it were a real Strad, a luthier would say "instrument made
by...". If you haven't used these terms, your description of the
instrument was OK.
Horst
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Rich
Rodriguez
Registered
User
Posts: 64
(7/28/01 2:26:39
pm)
Reply
|
Re: Any Lawyers
in the House!
I only stated label reads....etc..
I just feel he should be
responsible enough to make sure he knows what he is buying before he
does so. Do different laws apply to the internet. Plus who would
have jurisdiction If we live in two different states.
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MaryK
Registered
User
Posts: 669
(7/28/01 9:32:21
pm)
Reply
|
Re: Any Lawyers
in the House!
I'm not a lawyer. I've worked for lawyers since '77 though, so have
been around the legal profession long enough to echo the comments of
those above who've said get your cello back and return the money. No
matter how PO'd you may be by now, and even if you aren't, it
really, truly, isn't worth getting lawyers involved at all. If
you're interested in which laws would govern, check out the eBay
FAQ's to see if they address such issues, and if they don't and
you're still interested, go see a lawyer, tell her/him the story,
and pay to have your curiosity satisfied. States' laws vary, it'd be
irresponsible for an attorney to give you legal advice w/o knowing
all the facts, and on and on and on.
Sorry things turned out
the way they did, better luck next time! Dontcha hate valuable
lessons that actully end up costing
time/money?
Cheers,
MaryK
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Bob
Registered User
Posts: 279
(7/29/01 8:11:55 pm)
Reply
|
Re: Any Lawyers
in the House!
I'm a lawyer, and I strongly urge you not to ask legal questions in
a lay forum such as this. All you're really asking for is trouble.
Talk to a real attorney near you.
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Paul
Tseng ICS Staff 
Administrator
Posts: 1459
(7/30/01 1:23:05 pm)
Reply
 |
Re: Any Lawyers
in the House!
I agree with Bob. Before you react or respond, speak to a real
lawyer who is experienced and can advise you on how to respond
properly. I had a situation where I completely revised my response
after speaking with a friend of mine who is a lawyer. I'm glad I
spoke with him first!
Paul Tseng
My Website
Free Cello
Music!
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