The Mudcat Café TM
Thread #54095   Message #847891
Posted By: GUEST,Richard Bridge (cookie and format C)
15-Dec-02 - 03:50 PM
Thread Name: eBay (for guitar purchase)
Subject: RE: Ebay (for guitar purchase)
Actually, ebay is a sale by description. The rules set out that descriptions must not be misleading. This item was not as described. The description was grossly misleading.

The seller said "Damage: one of the machine heads has been replaced. it needs a new set of string pegs. There is a hairline crack at the back of the head stock which I presume is in the varnish since it doesn't appear to be structural. Other than that it's just the odd scratches & wear you'd expect of a guitar this age. "

That description does not fairly disclose (amongst other things) a badly bowed front, a stripped trussrod, or a split brace.

If I really wanted to be a creative lawyer I'd go the route of damages for loss of bargain.

Sympathy I don't need (but thanks anyway). I thought it was an interesting cautionary tale.