Piano Wrong Colour

[ParsleyDumpling]

Hi,

Just before Christmas last year my husband sold a piano (second hand not new), the purchaser (who is a barrister) came to view the piano played it and decided to go ahead with the purchase. My husband (G) also loaned him a piano stool which was a lighter colour wood than the piano.

G contacted the buyer to ask for the return of the stool, the buyer has now said that his wife doesn't like the colour of the piano (she prefers the lighter colour of the stool) and he wants G to take the piano back and return the money he paid in full. I must add that it is only since G asked for the stool back that we were made aware of the issue with the piano colour.

Is G obliged to refund the money in full just because the buyer's wife no longer likes the colour?

You may remember I asked a question previously about G being sued? for the repair of a Steinway, in that instance we had the initial judgement against us overturned and won our case even though the claimant appealed the final judgement both by post and verbally before a judge. The two judges that heard G's case recommended him to this buyer.

Our dilemma is; does the buyer have a leg to stand on and bearing in mind his profession should G just take the piano back and refund him?

Thank you in anticipation of your much valued replies,

Jan

[EcclesCake]

I hope you and G get it sorted.

[Khandro]

Everyone seems to think that you have the right to not accept the return of the piano, and I think you are legally secure myself, but many things are sold with a guarantee to refund if the purchase is found to be unsatisfactory to requirement (most things on ebay for example) and a piano is a very special possession and could sound different in another Location.

As Long as he is prepared to pay for Transportation and return the piano in the good order that it was purchased, I would consider it fair and generous to accept its return.

[Mamyalynne]

Glad the humour didn't detract from the genuine advice - I am sure all will be well - the punter is trying it on.


Good luck.

[Mamyalynne]

Khandro, you may have a point but doubt that the colour of the Piano would be considered a fair reason, especially after it had been closely inspected and then in situ for a while.

[ladybirder]

Hi Jan,

Here is some legal stuff. Click on 'Can I change my mind?' Private sales are covered here as well.

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#mind

[ParsleyDumpling]

Mamya,

The humour was good natured and I can appreciate it as I have a sarcastic wit (so my husband tells me).

Khandro,

Whilst I agree with you about the sound of a piano changing depending on where it is played. The buyer's problem is cosmetic rather than technical, and has only just been raised as an issue by his wife. My husband has in the past sold pianos and had them sprayed to match customers specific requests with regards to colour. This obviously is very expensive and was done by a specialist company in Liverpool.

Jan

[ParsleyDumpling]

Thanks for that ladybirder,

I have printed it off and will show him tonight.

Jan

[Khandro]

Mamyalynne; I think the main Point on behalf of the seller is the length of time since the sale and it sounds as if there is a different Scenario from simply the piano colour, 3 months +, does seem too Long before requesting a refund, but trying to find an amicable compromise is good for peace of mind as well as Business.

[hc4361]

Or you a business or a private seller?

If you are a private seller he has no chance of a refund.

If you are a business seller he has no chance of a refund under the Sale of Goods Act which demands that goods must be as described, or reasonable quality and fit for the purpose.

As the buyer is complaining of the colour only he has no grounds to expect a refund after all this time. If he saw it before he bought it he would have no grounds to reject it the day after he paid for it. If he bought it online, over the phone or by post he would still have had only 14 days from receipt to reject it.

[ParsleyDumpling]

Hi,

An update for you, husband and buyer have agreed that the piano can be exchanged for one with a more suitable colour. The buyer will pay any costs involved in this and will also pay for the hire of the current piano for the four months he has owned it.

I think his wife is very lucky to have him, as I know I'd be told to politely go away if I put husband in this position. Thanks for everyone's advice.

Jan :)

[albaqwerty]

I've just been reading this and am glad that's it's a good outcome all round.

[murraymints]

think he would have been better returning wife from where she came !

[Khandro]

Excellent outcome, everyone happy, good business.

[maggiebee]

Glad everyone's happy in the end.

[joko]

no face to face seller is obliged to provide a refund unless the item has been miss sold, or is faulty

merely changing your mind is not a good enough reason

how do you know hes a barrister? he probably just said that to worry you

i would also add that if he decided to refund - to check the piano over thoroughly for changed parts, things missing, or even a whole different inferior piano

people have been known to buy identical copies of their own broken items then substitute them and claim a refund