Thread: Need some legal advice please!!

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!

Best talk to a lawyer.in person.

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.

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.

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

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.

Not sure, but you might be able to get ahold of the text messages you two had back and forth. That might help your case if you take this to small claims court since it is only $500. Just a thought. Good luck

All your going to lose is the deposit,thats all your obligated for,forget it.
Email the guy,tell him the deal is off.

I dont know guys. I've been talking to a few law folks on a law forum and they said that the receipt is enough for him to prove that I owe the full amount if he has the guitar done. They said that even though its not a solid, written contract, its enough to state that if he delivers the guitar, I have to pay him the rest, despite the fact that he didn't do anything he promised, he hasn't contacted me in four months, and the guitar is three months overdue in getting to me.

Originally Posted by animalwithin

despite the fact that he didn't do anything he promised, he hasn't contacted me in four months, and the guitar is three months overdue in getting to me.

contracts work both ways. notify him with a certified notarized letter that he has breached his end and you want a refund. At least that will give you a leg to stand on in the unlikely event he tries to get more out of you. If he is a competent luthier I would expect he could easily sell the custom guitar to someone else if he did build it. OTOH, if he did .... you'd be playing and I wouldn't be typing this.