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I would like a free consultation on a matter of violin bow

sold by a violin dealer...
I would like a free consultation on a matter of violin bow sold by a violin dealer in chicago
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Answered in 13 hours by:
8/27/2013
Fran-mod
Category: Legal
Satisfied Customers: 48
Verified
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
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Customer reply replied 4 years ago

Hello,


 


I'm still willing to wait for help. In the meantime I'm also waiting to hear back from the Violin Dealer in Chicago.

Hello,

Because of site policies and the rules of our bar associations, lawyers on JustAnswer are not able to represent customers. If you are looking for a free consultation we cannot provide it for you. You would need to contact a local lawyer who offers them and who is able to give actual representation.

We can provide customers with general legal information only. If you have a question along those lines for our lawyers one can assist you.
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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
Experience: 15 years exp all aspects of general law
Verified

Hello there

-

I am an expert here at Just Answer and I have reviewed your situation and can answer a few questions if you would like. However, as fran said, we do not represent customers in an offline capacity -- we are simply a legal question and answer service where we can tell you whether or not we believe you have a claim and some suggestions on how to proceed.

-

Unfortunately, with your situation, I do believe that you will have a difficult time with any claim against the consignment seller because you did not sign the contract before sending the bows and permitting him to repair and sell the one bow. While many people are adverse to contracts and do not want to sign them, when you do not sign the contract you leave yourself open for whatever verbal arrangement that the dealer will claim happened here (it is a he said / she said situation at this point). The contract would have protected you as far as the repair went -- if the dealer failed to notify you of the repair you could have held him -- legally and firmly -- to the flat $400 listed in the written contract. But because you did not sign the contract and return it, you basically gave him the leeway to do what he felt was reasonable under the circumstances -- and that was to repair the bow and sell it. For the sake of getting the other bows returned to you , you might agree to pay it under protest and then take the dealer to small claims court to try to recover some of the money for the repair if you can show the court that the charges were unreasonable for that specific repair and you might win some of the money back (again, though, you may end up with a judge that tells you that you should have signed the contract to protect yourself on the repairs). Regarding commissions -- sellers are generally charged with the price of the commissions in auction and consignment sales (buyers are never asked to pay the commission in addition to the purchase price) -- and because that is the standard in the industry I can tell you that it will be legally futile to argue with the commission (20-30% is also standard for the amount of commission).

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I truly wish I could tell you something different here -- and if you had signed the contract and he never contacted you about the repairs before going over the 400 I could tell you that your case against him for the excess amount is slam dunk ! Even if the repairs were a reasonable amount, his obligation would have been to contact you before going over the 400 and if he did not do that, then he would lose. But you did not sign the contract and left yourself open for these types of things to happen.

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MARY

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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
Experience: 15 years exp all aspects of general law
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Legalease
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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