Need some legal advice please!!

[animalwithin]

To anyone who reads this, many thanks. Here is my current dillema. I'm a guitarist and last November (2011) I put in an order for a custom built guitar from a luthier (guitar maker). We spoke frequently, we exchanged numbers, email, etc. He got down all the specs I wanted for the guitar and told me to call/text him whenever I wanted. He also promised no more than a 5 month build time, that he would have it done at or before May, that he would be sending me pics throughout the process, and that half way through the build, I could drive down, see what he's completed and that we would together design a few last pieces. I paid a $500 deposit and all was well for the first few months. I'd call or text him whenever I wanted to tell him something regarding the guitar and he would reply quickly. After three months, all communication died. He stopped answering my calls and texts and all that he promised never came to be. Fast forward to now, its been 8 months, I have no guitar, and I have heard nothing from him, and he still won't answer my calls and texts. Some people have said I should sue him and while I want my $500 back, I have a lot going on in my life and I don't want the guitar at all anymore, I want this whole thing behind me, this has been a horrible experience and I've never had such bad service before. His website is up and running so he's alive. I have no written contract or anything. All I have is a reciept for the deposit which states underneath Item: $500 depsosit for me, underneath Description: $500 deposit for me for a 6-string guitar, total sum of guitar is $3100. Reciept has my name, address, phone number, and email as well. All I want to know, am i obligated to pay for the whole guitar should he call me up in the coming months telling me its done, just based off the info on the receipt? Thanks guys!

[pixelfixed]

Best talk to a lawyer.in person.

[JimmyHAD]

Type and print out a letter and have it notarized, detailing your concerns. Send a copy certified mail, signature required, with return receipt . See if that doesn't get some reply. At least you'll have written , notarized proof, that you sent a letter requesting a cancellation and a refund due to breach of contract on his part.

[thebigspendur]

It's a sticky situation. All you have is a receipt when for something like this and of value you should of had a contract with performance clauses in it. It's now a he said-he said thing. If you want to cancel he can keep your deposit and if you want to sue in small claims court he can say you owe him the full amount. Your only avenue is the passage of time which might not be unreasonable for a custom built item of this nature. An attorney would cost you more than it's worth. Unless you can contact him and work it out you will probably have to chalk this up to experience.

[pixelfixed]

Look for a paralegal service in your local,most are free.

[animalwithin]

In all honesty, I just want this done and I don't want the guitar anymore, he can keep the $500 if this goes out of proportion. I'll talk to a lawyer or paralegal and see what to do, thanks guys.

[Joed]

... that half way through the build, I could drive down, see what he's completed ...

If you can't contact him by phone or email and this is bothering you I would drive down to see what's up. You planned on doing that anyway and now is as good a time as any. As Bruno stated, he might not be able to communicate with you. A trip down would answer all of your questions unless you are comfortable with the situation as it is. When you go be sure to have an open mind. Face to face is the best communication method when all is civil.

[animalwithin]

The guy is alive, I know that for sure. He has my name, number, email, and address so he has multiple ways of contacting me. I know he's busy, he takes orders for hundreds of guitars, but in the guitar world, if you put in an order for a custom guitar, you're intimately involved in every step of the way with detailed pictures, etc. I didn't get any of that. At the very least I ask for him just to update me here and there, telling me the progress of the guitar. Both of you guys are right, a drive down there would solve everything.

Here is what I fear the most: that the guitar doesn't match what I want. Initially I gave him a lot of specs but they were general stuff like wood, pickups, color, etc. I left a few stuff open because he said that we will meet half way through production and we could workout the design plans for a few other things together like the pickgaurd, neck, etc. That never happened either, so I fear that if I go down there, he's going to show me a completed guitar that is different than what I wanted, and demand the rest of the money just because its done.

[thebigspendur]

A very bad situation, to incur this cost without everything spelled out up front in writing. The end result is the situation you are in.

You gave him a deposit for a guitar and if you don't receive it timely you can sue but since nothing has been put into print you are in a very bad situation law wise. If you don't want the item I would just forget about it and maybe you will never hear from him again or maybe you will.

if he takes hundreds of orders he can't be a small time maker. In my town we have a famous maker- Pimentel and he makes everything by hand but only takes a few orders at a time and the wait is still months.

[animalwithin]

You're right spendur, nothing written in writing isn't good. I don't want the guitar anymore and just forgetting it is tempting, but if I go about that and use the money elsewhere and he comes back to me in a couple of months telling me its done, where's my money, I'm screwed. I've yet to get a clear answer from any lawyers, the best advice, which is what Jimmy said to do, send a certified notorized letter telling him I want to cancel my order since he didn't live up to his end of the bargain, but like you said, if its not written on paper, there is trouble.

He's a thrid generation custom luthier, has his own shop with a couple of workers. Hes a great guy and he does take lots of orders but thats whats hurt his reputation, customers like me getting promises and guarantees and him not delivering because he has too many orders. I should have taken the time to shop around before I jumped into this. I figured hes a very reputable luthier, what can go wrong? I'm not the only one facing this, lots of guys on the guitar forum I am a part of are getting this crap from him too.