I won't read all six pages of comments, but I will suggest this: Ask your nephew, "I was thinking about that Strat the other day. Do you still play it, or is it time for it to come home?"
No, the OP can go get new gear anytime he wants.I loaned an old super Strat to my teenage sister in law. Five years later it comes back stripped of anything you can take off a FR. Do I care? No. I never expected it back.
The OP has ants in his pants because he’s GASsing for more gear. Is it worth the family strain to satisfy that selfish desire? Not in my mind.
Never loan what you can’t afford to lose, and anytime you loan to family/friends, understand that you write whatever it is off. Especially after 15 years.
“I have a nice collection and I'm almost positive I'll sell it to finance another Ric or amp.”No, the OP can go get new gear anytime he wants.
The OP's initial and main point is his nephew isn't playing the guitar anymore would rather have it back than have it sit at his brother's house.
I’ll refer to clause (2) which states “as long as he plays it”. Well - he plays it. Because you didn’t put a required frequency of playing in your contract, you are basically SOL. Under the current language, any time interval can elapse between playing sessions. Also - you forgot to include a no ownership transfer in your contract. Your lawyer did not do you any favors here. Oh that’s right - you forgot to hire one! SERIOUSLY though - you should ask for it back if you want it. Just let him know since he barely touches it, you want to use it. He can buy his own. That is not a dick move at all IMO.Several years ago, I dunno 15 or so, I 'loaned' a Fender Strat to my nephew. I loaned it with the caveats that
1. he could not sell it.
2. he can keep it as long as he plays it. If it just sits around in the case, then I want it back.
Fast forward to now, I come to find out the Strat has been living at my brothers' house. My nephew keeps it there for something to strum on when he visits his mom and dad.
My nephew is in grad school, several states away and highly doubtful he'll ever move back to the area.
Is it a dick move to want the guitar back?
I have a nice collection and I'm almost positive I'll sell it to finance another Ric or amp. Lord knows my brother makes enough $$ to buy an Am. Std. Strat any time he wants, and the guitar was loaned to my nephew--NOT my brother.
Anyone ever find themselves in a similar situation?
I'd be very curious to know your thoughts.....
If it was $800 in cash that belonged to you just sitting at a brother’s house, would you not want the cash?After 15 years I would not even consider asking for it back, especially just to sell it for another guitar purchase. But hey, that’s just me.
The only way I could see asking for it back would be if I somehow didn’t have a guitar to play, and I asked my nephew to lend it back to me until I was able to acquire a new guitar.
With a small remark that he asks us what he should do, you know, by creating this thread.It’s funny the people that question the OP’s motives. What does it matter if he wants it back to sell or use as firewood? What if he sells it to buy another guitar? How is that any different than wanting it back to play it?
In the end it’s his to do as he pleases and he shouldn’t have to explain to his nephew or feel bad about it.