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I bought a broken guitar and now I'm being sued for it...

Discussion in 'Guitars in General' started by Robert Nixxer, May 15, 2019 at 2:04 PM.

  1. Robert Nixxer

    Robert Nixxer Member

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    MY QUESTION TO THIS THRED IS.... Has anyone else been through this?

    So I purchased a guitar off of Reverb that was listed in mint condition. The seller even wrote in the description that it was new. After haggling and deciding on a number we could both agree on I paid and waited the few days until it arrived. When I went to pick it up from downstairs I noticed the seller took multiple pieces (literally like 8 different pieces of cardboard) and tapped it all around the guitar case to make a makeshift box. I took a picture in the elevator, even before getting into my apartment because I thought for sure the neck would be cracked or something with there being no shock resistance; like peanuts, paper, bubblewrap, etc. to take any blows if the driver accidentally dropped it or whatever.

    After opening it up the guitar was covered in this weird sticky substance. Yes - I thought of the same thing you're probably thinking of now too.. I have no idea what it was but it was pretty damn gross. I convinced myself to get passed that and all of the rash on the back. I then plugged it in to check and make sure everything was working properly. I immediately noticed the neck pickup wasn't working. It was completely dead. So at this point the guitar was way misrepresented and it showed up broken.

    I contacted the seller let him know that I wanted a refund because of all of the issues and he then began to say that I was screwing him over.

    <mod edit. Posting private conversations is against the rules>

    Here's a pictures of the box he made (it was a flying V so that's why it's shaped like that) and just one of the spots of rash on the back I took because he kept claiming it was unplayed and never used.

    https://ibb.co/WBTR8ZN
    https://ibb.co/mGqNXNd

    Sorry I'm not sure how to upload pictures on here so these are just links to each photo.

    Anyways I just received a call from a lawyer and in the voicemail he said I would be receiving papers and needed to be home at a certain time. I missed the call and he then called my mom and told her the same thing in a voicemail to her.

    Has anyone been through this sort of thing before? I'm so confused on how and why this "lawyer" is calling my family members and why my seller didn't just file a claim though UPS, or dispute my return in Reverb or Paypal like a normal person if he strongly believed that in the 5 minutes I held the guitar I was the one to cause all sorts of damage to it :facepalm:facepalm:facepalm

    I've never been served papers nor am very knowledgable on the legal side of the spectrum. Do I just ignore this?

    PLEASE STAY CLEAR OF THIS NUT HEAD.
     
    Last edited by a moderator: May 15, 2019 at 5:28 PM
    Tritone and MoarGear like this.
  2. T Dizz

    T Dizz Member

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  3. wsaraceni

    wsaraceni Supporting Member

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    did you get your money back? if you haven't gotten papers from a lawyer and you've gotten your money back i'd go about my day like the event never happened. if i was served papers i'd probably lawyer up myself.
     
    Last edited: May 15, 2019 at 3:01 PM
  4. Robert Nixxer

    Robert Nixxer Member

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    He sent the money even before I shipped it back... it just struck me as this was his first sale because of that.
     
  5. sub rosa

    sub rosa Member

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  6. Robert Nixxer

    Robert Nixxer Member

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    Just did that. They've blocked him from communicating with me and he is under review from whoever I spoke to's supervisor.
     
    Brian N, keenan, coltonius and 11 others like this.
  7. sub rosa

    sub rosa Member

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    I doubt any lawyers have been making calls. Probably him.
     
  8. C-4

    C-4 Member

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    Just another reason why I don't deal with individual sellers any longer.
    I'm sorry you have to go through this Robert Nixxer, over a poorly shipped guitar.
     
  9. krimson

    krimson Member

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    I wouldn't even sweat it. That guitar is not worth a call to any lawyer. Even with insurance, any damage incurred during shipping would not be covered because of the way he packed it.
     
  10. onemoretime

    onemoretime Member

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    The lawyer thing is likely part of this guy's shakedown technique. Don't change your daily schedule. It is their responsibility to serve you with legal docs. Let them find you and serve the papers if they even exist.

    You have the proof of the condition of the guitar and the poor packaging job.

    Don't sweat it but learn from this experience. Buy on eBay, sell on Reverb.
     
    Last edited: May 15, 2019 at 2:36 PM
    Smgbad, riffguy, dvilla76 and 32 others like this.
  11. Robert Nixxer

    Robert Nixxer Member

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    10-4. I was thinking it might have even been him calling. Honestly I'm not really worried because it's very one sided I was just more curious if anyone else has been through this scenario and how it played out with them.
     
    Otter359 and Scrapperz like this.
  12. Drmojoxl

    Drmojoxl Supporting Member

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    It's likely just him or one of his friends making the calls. Go about your day. If you do get served papers, lawyer up. I don't think any reputable lawyer would take his "case". Sorry you are going through this.
     
  13. mjinli

    mjinli Member

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    I would black out the address in the 3rd pic as a courtesy if I were you, other than that nothing to worry about in my opinion.
     
    Mr Fingers and Scrapperz like this.
  14. guitararmy

    guitararmy Member

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    I am so sorry that you crossed paths with a nut job. Hopefully Reverb will take care of the situation...
     
    kookaburra likes this.
  15. Jayyj

    Jayyj Supporting Member

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    Yep, seriously doubt that's a lawyer contracting you. I'd pursue your return through Reverb and lamet them deal with him.

    I was once contacted by a lawyer informing me he was filing a 'sease' and desist lawsuit against me on behalf of someone trying to stop me using a band name. The email was written in green and red letters with lots of more or less random capital letters. I suspect you're dealing with something fairly similar.
     
  16. Killed_by_Death

    Killed_by_Death Member

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    That's the best compliment I've gotten today.

    Seems Reverb is going to do the right thing.
     
  17. mjinli

    mjinli Member

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    It would be hilarious if there were an actual law office that did this to trap people into ignoring legal documents. It would be unethical and probably unenforceable, but hilarious.
     
  18. Lumpy Trousers

    Lumpy Trousers Member

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    What a clown. Everybody knows you're supposed to threaten to sue before you refund the money. I wouldn't worry about it - every lowlife in the world threatens to sue, but they never go through with it.
     
    wstsidela, Otter359 and Custom Deluxe like this.
  19. Jon Silberman

    Jon Silberman 10Q Jerry & Dickey Gold Supporting Member

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  20. Jerrod

    Jerrod Silver Supporting Member

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    Did you win this one on purpose?
     

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