Tuesday, July 27, 2010

Seller selling Public School property without disclosing

OK so I bought a musical instrument for restoration and resale in my store-front brick-and-mortar shop. It arrived in a case with a New York High School's name stenciled on it, and the instrument was branded on the back with an inventory number, plus "Property of Public Schools". The seller's photos had not included these markings, he did not mention them in the description, and gave he no indication that the item was (at one time) Public School district property, obviously initially purchased using taxpayer's dollars. How am I supposed to sell this in my shop? People will think that I stole it from the schools! Do you think that I have a valid case of "gross misrepresentation" against this seller? Last time I looked he was doing the same thing again...|||Yes, I would say that qualifies as Significantly Not As Described, if you wish to file a case. Before doing that however, you should contact the seller with your concerns, and see what they say. No need to file a case if the seller is cooperative. Just be sure that when you return the instrument, you get Delivery Confirmation (Signature Confirmation if the payment was $250 or more). It's likely that your seller purchased the instrument at a school auction or sale. Our schools around here have those every couple of years, as they replace old inventory with new (desks, instruments, computers, etc.). You might be able to put a sign up next to the instrument telling it's known provenance.friends Director,|||I think I might be tempted to contact the school and see if they are missing any instruments that walked away or if it was legally sold. I guess that would depend on what mood I was in that day.|||It is entirely possible the instrument was purchased by the seller at auction. The seller should have noted,mentioned and shown a photo of the "property of". I would pull your seller's contact info (phone number) and calmly discuss the matter. If the seller does not agree to accept the item back, then go ahead and file with Ebay/Paypal for SNAD. IF you return the item either directly to the seller or at Ebay/Paypal's instructions, make certain you use delivery confirmation (under $250 value) OR Signature Confirmation (over $250 value) to prove the return. You can gt your seller's phone # using this link( click the word link) Link|||If it is a NYC Public school, they have very poor records and may not be able to tell for sure, if this was a stolen or auctioned item. If it is a Non NYC school , then call calling the school could be more feasible.|||Odds are likely he got it at auction. Could it be stolen? Possibly. Seller was foolish to not mention this in his listing.|||Right. Odds are high that this was an auction buy. School systems sell their stuff like this all the time. There are even specific websites set up to do it. He indeed should have mentioned this (since the instrument is marked) in his auction. That will likely give you a valid excuse to return it.|||We just had a school auction here from an entire town that closed down, and they had the coolest giant gorilla for sale, the mascot! Link I soooo wanted it, but, my space is limited.|||wow james, we went there as mom grew up there. Grandpa worked in the mines for years when she was growing up. it's a small world.|||Oh wow! Not to be smarmy, but is their health okay? If they're with us of course.|||no , all have passed. Granda pa first og lung cancer , but he smoked for 60 years , so couldn't blame it all on the lead dust. mom passed a few years back . we didn't buy anything at auction as was just taking photos to put in her book for grand kids.|||I guess mining has it's risks no matter what or where. But you know, that gorilla would've made a great lawn ornament. Would've out-classed the mobile home around the corner that just put out a lawn jockey! (I'm serious.)|||yep, i saw it and my wife said no , but heck no , lol. we just wanted photos before the whole town was gone. shoot the town next to us has lost all businesses over the years. the school is only thing holding it together. there's nothing there for sales tax, not even a gas station.|||Folks, never mind us. Just making small talk until the OP returns!|||Feel free friends! OP here! I did contact the seller. He said that he did repairs for the schools and they paid him partly with instruments. He did not offer a refund. The school itself was closed a few years ago... Thanks very much for the suggestions! Sort of a complicated decision, but I will keep the instrument mainly because I like it and I think I can make some money on it. The markings can be de-emphasized using some skill in retouching... At worst it can go out as a rental. But I would not deal with that dishonest seller again. thanks again. JL

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