Guitar dispute, anyone got a lawyer friend?

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JHorner
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Re: Guitar dispute, anyone got a lawyer friend?

Post by JHorner »

Reg18 wrote: Fri Mar 04, 2022 6:24 pm
JHorner wrote: Fri Mar 04, 2022 6:22 pm Put it back on trademe for the price you paid with full disclosure and maybe just eat the TM fees.
Contemplating that option but I’d guess I’d be loosing a significant amount. What’s it worth un-repaired?
Its "worth" whatever someone will pay for it.

Listing it for what you paid with full disclosure of the issue seems low risk with a chance of getting out of it with minimal damage.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by Reg18 »

I’d assume it might be $1500 in current state?

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Re: Guitar dispute, anyone got a lawyer friend?

Post by bender »

I dunno- you didn’t buy it knowing it had a fucked truss rod, and no amount of pre purchase inspection short of taking to to a luthier would have confirmed that. You were definitely deceived (probably unintentionally).

The listing says it’s playable with some wear. There’s nothing there to suggest that there is any issue with the neck or truss rod- or any significant issues other that a repaired headstock break (that looks like it’s completely unrelated). Using the words “as-is” isn’t a cover-all disclaimer.

I reckon it would be worth contacting trademe.

On the other hand, if you got it for a good price, pay to have it repaired, end up with a rad guitar that’s good to play, without hitting an excessive overall cost, isn’t that a good outcome?

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Re: Guitar dispute, anyone got a lawyer friend?

Post by bender »

If I was the seller, and genuinely didn’t know about the truss rod, I’d be skeptical if someone saying there’s an issue, but if they’d taken it to a repairer and had it confirmed, I’d be refunding the money and taking it back.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by captainfruitbat »

Just My two cents. To get a result from disputes tribunal you would almost certainly have to prove deliberate deception, which I think you'd struggle with here. Arguing subjective terms like "playable" won't really help, it means different things to different people. And it's not reasonable to assume that every person who sells a guitar would understand truss rod issues. Having said that, if I was the seller here I would have been refunding in full with no further discussion required.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by MiniForklift »

Reg18 wrote: Fri Mar 04, 2022 6:41 pm I’d assume it might be $1500 in current state?
Hey Reg. I got an email tonight saying I have 25% off success fees tomorrow, so happy to list it for you on your behalf if you didn’t get that email. Not much I know, but hey if it does sell for $1,500 that keeps an extra $30 in your pocket
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Re: Guitar dispute, anyone got a lawyer friend?

Post by jimi »

Down to what you paid?

Good 2nd hand LP standard prob worth about 3k in current market? One with a headstock repair is alway going to be down a chunk. If you can repair it and come in under $2.5k I reckon you’ve done okay. Probably won’t get your money back in full when it’s time to sell (it’s still got a headstock repair), but you’ve paid under going rate for the guitar you play.


I don’t know where “ as is where is “ fits on the legal scale, but when I read that I figure it’s code for selling because it has issues I don’t want to pay to fix. Fine if you’re getting a bargain and willing to take a risk / pay to deal with a few problems.


I do agree with Bender that the right thing for the seller to do would be to take it back for refund, but whether they have an obligation, I’m not sure. Shipping would be on you.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by bender »

jimi wrote: Fri Mar 04, 2022 7:08 pm
Good 2nd hand LP standard prob worth about 3k in current market? One with a headstock repair is alway going to be down a chunk. If you can repair it and come in under $2.5k I reckon you’ve done okay. Probably won’t get your money back in full when it’s time to sell (it’s still got a headstock repair), but you’ve paid under going rate for the guitar you play.
This is good sense.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by JHorner »

bender wrote: Fri Mar 04, 2022 6:56 pm If I was the seller, and genuinely didn’t know about the truss rod, I’d be skeptical if someone saying there’s an issue, but if they’d taken it to a repairer and had it confirmed, I’d be refunding the money and taking it back.
Yeah but not everyone on TM is a good c.u.n.t and I don't think you offer this service?

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Re: Guitar dispute, anyone got a lawyer friend?

Post by Reg18 »

My initial response is, it’s leaving a bad taste in my mouth so sell it move on, but ultimately I still want an LP and this one ticks all my boxes otherwise so think I need to sleep on it, calm down before I make any major decisions.
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Re: Guitar dispute, anyone got a lawyer friend?

Post by bender »

That’s a very nice looking guitar, and I bet it’ll be sweet after Peter Stephen is done with it.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by bender »

JHorner wrote: Fri Mar 04, 2022 7:23 pm
bender wrote: Fri Mar 04, 2022 6:56 pm If I was the seller, and genuinely didn’t know about the truss rod, I’d be skeptical if someone saying there’s an issue, but if they’d taken it to a repairer and had it confirmed, I’d be refunding the money and taking it back.
Yeah but not everyone on TM is a good c.u.n.t and I don't think you offer this service?

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:lol:

True, but it never hurts to try to steer people in the not so cunty direction.

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Re: Guitar dispute, anyone got a lawyer friend?

Post by hamo »

bender wrote: Fri Mar 04, 2022 7:39 pm That’s a very nice looking guitar, and I bet it’ll be sweet after Peter Stephen is done with it.
Yeah this.
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Re: Guitar dispute, anyone got a lawyer friend?

Post by WellyBlues »

FWIW, if you're happy with the spec and the colour I'd be inclined to get the proper repair done and play and enjoy the hell out of it. Nice top on that. Aged nickel pickup covers and it'd be a classic (I know, it is a Classic).
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Re: Guitar dispute, anyone got a lawyer friend?

Post by jeremyb »

I’d be pushing for a refund, suck up the loss in shipping and move on, shit of a situation, sorry to hear Reg :-(
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