Trade gone bad.....ideas? - Page 2

okeem22 · #16 06-23-2018, 10:04 AM

Wow thanks everyone.
To clarify, I traded my guitar to a forum member. He traded his to Bob. Bob was to send his guitar to me. It is 2/3 done and am waiting for my guitar from Bob.

Certainly have emails showing an agreement with no loose ends. Bob and his wife are attorneys! Oh boy, this could really be fun.....lol

Have to laugh to keep from crying! ��

ManyMartinMan · #17 06-23-2018, 10:09 AM

Ah, new information. You still have the same options.

vindibona1 · #18 06-23-2018, 10:12 AM

I get that there are issues. But the non-responsiveness over such a time period is not acceptable. I'm a little fuzzy on how this deal actually was supposed to work. Did you get a sales/trade agreement in writing? What if the guy expires?

I think the thing to do is send texts and emails that say you are very concerned that positive action to conclude the deal has not taken place over x time. And while you are sorry for the health issues of the trade partner, the deal needs to be concluded immediately and that you don't wish to take further action, but if you do not have the guitar in your possession in the promised condition you will be forced to take further action. Then contact your lawyer and begin with the letter of "intent to file suit". It may be more complicated as a second lawyer in the jurisdiction may need to represent you and your local attorney. It will not be cheap. But $7 is too much to walk away from.

Good luck. Sorry for your problems.

RP · #19 06-23-2018, 10:19 AM

I know that the legal route is always an option, but I think I'd first look at alternatives such as finding a helpful, trustworthy AGF member (or even a private investigator) in the DC area and visit them to help sort things out. Can you be more specific as to where in the DC area they are???

Jabberwocky · #20 06-23-2018, 10:22 AM

Your plan is to just fly out and meet either wife or son to retrieve a guitar. Wife is an attorney? She knows the meaning of upholding an agreement, right? She has an office where she could leave the guitar for you to claim in person, if neither she nor son could meet you? Then just fly out there and pick it up. But you may still get stood up.

I am going to pour oil on a smouldering fire. What happens if Bob dies and you don't have a guitar? Your agreement is with Bob...

Don't wait, man. Call, arrange, buy a ticket and fly out there now. As to who pays for your flight, small potatoes. Just get your guitar or any guitar of equivalent worth back and chalk it down to a bad day at the races.

DavidE · #21 06-23-2018, 10:30 AM

Find out where in Fla. maybe a forum member can get the guitar and ship it to you.

DenverSteve · #22 06-23-2018, 10:32 AM

Tough spot to be in. It sounds as if you don't even know where the guitar is. Florida, D.C. area.....? It was supposedly shipped to you but you have no tracking information to follow up on as you seem to have been waiting for a hang-tag or some other indication of delivery attempt. The issue is that HE is medically unable to ship you his trade guitar. Your old guitar is in the possession of the trusted forum member and for the wife, with her husband stroked-out, the guitar is the least of her worries.

I would contact her through her law firm as you have to have contact information. You can get some information on where to contact her through the D.C.,Maryland or Virginia Bar depending on what "area" of D.C. they are actually in. She is dealing with his issues, her issues and, while very important to you, not so much for her. As stated above don't let this sit.

v32 finish · #23 06-23-2018, 10:33 AM

the problem with that, is that he's BEEN calling, and I'm assuming, nobody is answering. another red flag. I'm assuming the address you shipped to was in FLA? or was it in DC? if you have their DC address, google it. I would be hard pressed to not just show up there, but somehow, (again not trying to be negative) I doubt that's an option? by design or not, we won't ever know. just playing devil's advocate here- do you know that these health issues are even real and not a story? don't mean to be the cynical one in the bunch, but people can be sketchy. it seems like you've met them, though, and I just hope that's not what's going on (since you said you don't get that feeling).

I don't know. I would BLOW their phone up day and night until you reach somebody. same with their email inbox. I agree with the consensus that sooner is better than later, but it just sucks all around that your options are limited . .

okeem22 · #24 06-23-2018, 10:38 AM

Quote:

Originally Posted by Jabberwocky

Your plan is to just fly out and meet either wife or son to retrieve a guitar. Wife is an attorney? She knows the meaning of upholding an agreement, right? She has an office where she could leave the guitar for you to claim in person, if neither she nor son could meet you? Then just fly out there and pick it up. But you may still get stood up.

I am going to pour oil on a smouldering fire. What happens if Bob dies and you don't have a guitar? Your agreement is with Bob...

Don't wait, man. Call, arrange, buy a ticket and fly out there now. As to who pays for your flight, small potatoes. Just get your guitar or any guitar of equivalent worth back and chalk it down to a bad day at the races.

Thanks all. I have thought of most of the options presented. I would go get it at this point. I call and my call is not returned. I email and hear nothing back.
As I said, last communication 2+ weeks ago was that it had shipped and she would have info that day. Have heard nothing since and all communication goes unanswered.
If it did ship there is NOTHING indicating that on my end.

Mr. Jelly · #25 06-23-2018, 10:44 AM

Good luck.

devellis · #26 06-23-2018, 10:49 AM

Do you have an address for the wife or son?

If so, send a registered letter. If she's a lawyer, it will get her attention. In that letter, express compassion. State your regret at the difficulty the whole family is going through and express sorrow for having to trouble them at such a difficult time. Then, say that to minimize their inconvenience, you'll gladly fly to wherever the guitar is to pick it up. Ask for a specific location, who to contact at that location, and a time frame when that person would be available to turn over the guitar. Leave a phone number, email address, and actual address and indicate that they can contact you in which ever way is most convenient for them. Close with one more expression of concern for the troubles they're experiencing.

Maybe they'll offer to cover some of your expenses. If they don't, just eat the cost, get resolution, and enjoy the guitar. They may be facing some as-yet unknown medical expenses that make it difficult or impossible to offer to pay for your flight. If it's a $6K to $7K guitar, the additional cost doesn't seem like too much to get the matter resolved. I can imagine a degree of family concern that would result in their having neglected this matter. If a loved one is possibly facing death or permanent disability, that can narrow one's focus to exclude pretty much anything else. If they look at your letter and realize that making things right with you isn't competing for any of their time or effort, I think they'll get in touch. If something about the deal stinks, I think this will be a good way of revealing it (through their failure to contact you). But I can still well imagine that things could be legit and that some resolution may still be possible.

Athens · #27 06-23-2018, 10:53 AM

Find a local to them mom and pop Mailboxes Etc or similar that is part of UPS's Pack and Ship program.

You can call the shop and arrange for them to pack and ship it to you, unfortunately at your expense, but that eliminates the excuse that they can't pack it.

Given the value of the guitar it's a cheap alternative.

If you need their address the local tax assessor's web site is a good place to start.

I hate to sound negative but it sounds as if you've been more than understanding through it all.

jomaynor · #28 06-23-2018, 10:57 AM

I'm so sorry you're finding yourself in this situation - this is a "perfect storm" example of what can go wrong in a (to me, highly inadvisable) convoluted three-way trade.

Depending on whose idea this was for doing a 3-way, I would also try to enlist the help of this "highly respected" member to help you get possession of the guitar. If it were yours or the afflicted guy's idea, perhaps he has little obligation to do so, since he completed his end of the deal. But if it was his idea in the first place, then I'd ask more emphatically.

Mishultz's suggestion certainly has good logic to it, but it still requires a lot of effort for you to physically book and pay for a flight there with no guaranteed outcome.

If his lawyer wife is ignoring you, perhaps it's time to have a lawyer represent you to motivate her to ship.

Mycroft · #29 06-23-2018, 10:58 AM

Do you have a physical address? (I did not read through the entire thread) If so you should write out the concerns over the lack of communication or information on their part. Be polite; the woman's husband may be in critical condition or even have expired. Try and make it as easy a process as possible; if there is someone in their location who could pick up the guitar personally, or you will, bring that up.

Send the letter in a manner that requires a signature on the other end, so you have proof of delivery.

In the meantime you should talk with your attorney about the next step, if needed. Probably a demand letter under your attorney letterhead. I would not send that until your attorney has had a chance to assess what proof of contract that you possess if the issue winds up needing to be forced.

TW

The above is not and should not be understood as legal advice.

PhilNBend · #30 06-23-2018, 11:02 AM

First, what I say is not intended to be and is not legal advice.

The guy who has the guitar you traded for is seriously ill. You are not the top priority of his family and you will never be top priority of his family. Don't expect to be. They have more on their minds than guitars.

Your three-way trade is a legal mess - worthy of being a bar exam question.

Get a lawyer. Get an attorney with an office in the same county where the person you may have to sue lives. You will have to pay the lawyer and you may have to actually sue someone or sue (or make a claim on) his estate. Be prepared to do this. Don't wait. You don't need to hire a big, expensive firm - contact the county bar's lawyer referral and get some names and call them immediately. Only they (not guitar forum members) can give you the specific legal advice that you need right now.