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Piano Wrong Colour
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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
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
Answers
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I would have thought that the buyer hasn't any grounds to return the piano. He came and inspected it before he bought it, there was no issue with the colour at that point so you can't be responsible for his wife changing her mind now.
This was a private sale, so the laws regarding returning goods are pretty much on your side here.
I think the buyer is hoping that you take fright because of his profession and refund him.
Tell him to go look up "caveat emptor"...
This was a private sale, so the laws regarding returning goods are pretty much on your side here.
I think the buyer is hoping that you take fright because of his profession and refund him.
Tell him to go look up "caveat emptor"...
So your Husband didn't issue a receipt with the sale?
How did the Customer know your Husband had a piano for sale? Do you have any photos or email traffic to support that what was delivered is the item provided?
It certainly sounds like the purchaser is trying his luck (or is scared of his wife!) but if you can demonstrate that what was supplied is what was viewed and subsequently purchased your case is stronger.
An amicable solution may be to offer to accept return of the piano but take a cut of the refund for transport and short term leasing.
How did the Customer know your Husband had a piano for sale? Do you have any photos or email traffic to support that what was delivered is the item provided?
It certainly sounds like the purchaser is trying his luck (or is scared of his wife!) but if you can demonstrate that what was supplied is what was viewed and subsequently purchased your case is stronger.
An amicable solution may be to offer to accept return of the piano but take a cut of the refund for transport and short term leasing.
I don't think your husband needs to refund the buyer regardless of how it was sold, privately or as a business.
I was asking as if it was a business, I might be more inclined to go along with Eccles' suggestion of partial refund less any expenses and rental, as a gesture of goodwill and to protect his business' reputation.
But to be honest, I would tell the customer that he's stuck with the piano. And his wife.
I was asking as if it was a business, I might be more inclined to go along with Eccles' suggestion of partial refund less any expenses and rental, as a gesture of goodwill and to protect his business' reputation.
But to be honest, I would tell the customer that he's stuck with the piano. And his wife.
There may be emails between them, and I know they did speak on the phone. The buyer came to see and play the piano (which is kept in a warehouse with the rest of his stock) before he agreed to buy it. I don't think my husband would have switched pianos, so assume the delivered piano was the one that had been paid for. I can only presume G gave a receipt for the money he received it was a cash sale.
This problem with the colour only seems to have raised it's ugly head since G asked for the stool back which had been on loan only. I agree it might be easier to swap the piano for a colour more in keeping with the stool, but I don't know if that is possible G may not have a piano of that colour (or similar) or the prices may be vastly different.
G has said he is going to the buyer's house this coming Friday to collect the stool, but I don't want him to be intimidated into taking the piano back just because the buyer is a barrister (and may cause problems). They may well come to an agreement but I would want it to be purely because G is trying his best to accommodate the buyer rather than being forced into it.
Loved the answer about changing the wife.
Jan
This problem with the colour only seems to have raised it's ugly head since G asked for the stool back which had been on loan only. I agree it might be easier to swap the piano for a colour more in keeping with the stool, but I don't know if that is possible G may not have a piano of that colour (or similar) or the prices may be vastly different.
G has said he is going to the buyer's house this coming Friday to collect the stool, but I don't want him to be intimidated into taking the piano back just because the buyer is a barrister (and may cause problems). They may well come to an agreement but I would want it to be purely because G is trying his best to accommodate the buyer rather than being forced into it.
Loved the answer about changing the wife.
Jan
As others have said, this purchaser is being silly - whether he is a Barrister or a Fishmonger makes no difference. Your husband should not be intimidated by him , just be calm.
It reminds me of the time I sold a car to a Gentleman, he arrived with his wife's spec list (she was on holiday), we went through and ticked all the boxes and he bought the car.
A week later he returned rather sheepishly, his wife had returned from holiday and was going spare at him - she didn't like the colour of the interior. He asked if we could help in any way, I went into the office and wrote him down the phone number for Relate (Marriage Guidance) and sweetly wished him good luck.
It reminds me of the time I sold a car to a Gentleman, he arrived with his wife's spec list (she was on holiday), we went through and ticked all the boxes and he bought the car.
A week later he returned rather sheepishly, his wife had returned from holiday and was going spare at him - she didn't like the colour of the interior. He asked if we could help in any way, I went into the office and wrote him down the phone number for Relate (Marriage Guidance) and sweetly wished him good luck.
Thank you to every one who has answered, (even the humorous ones).
My thoughts are pretty much along the lines of everybody else on this but just wanted some clarification. My husband has been dealing pianos for many years (Google; Kate Moss piano, that is one of his although he isn't the man in the picture) and has a very good name in the piano trade. He gets annoyed when people mess him around like this as he takes his pianos and reputation seriously.
Jan
My thoughts are pretty much along the lines of everybody else on this but just wanted some clarification. My husband has been dealing pianos for many years (Google; Kate Moss piano, that is one of his although he isn't the man in the picture) and has a very good name in the piano trade. He gets annoyed when people mess him around like this as he takes his pianos and reputation seriously.
Jan
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