Retailers - is there a remedy?

[Wimblees@AOL.COM]

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In a message dated 3/9/02 4:38:23 AM Central Standard Time, 
bases-loaded@juno.com writes:


> They picked a 5'2" maraschino cherry red Young Chang that has now been in 
> the teacher's home for 9 days and she HATES it.  She has had the store's 
> technician out 3 times on rather significant action problems that don't 
> seem to get remedied.  (I have not seen the piano).
>  
> She has expressed her dissatisfaction with the store and would like to 
> return it and get the $10K back and pick out her own piano anywhere she 
> pleases, but the store tells her once it leaves the store the only option 
> open to her is to trade it into them on an upgrade.  Since she has no money 
> to add, and doesn't like any of the instruments there in that price range, 
> she feels doomed to accept the instrument she now has.
>  
> 

Mark

The key question is, what exactly is the problem with the action? When I 
consult with potential owners, I tell them to look for three things in a 
piano: the way it sounds, the way it plays, and the way it looks. If any of 
those three things are not what the customer wants, then he/she should go to 
another piano. This might be a case that regardless of what anyone does to 
the action, the teacher will not like the way the piano plays. Therefore, 
there might be nothing "wrong" with the piano. So asking for her money back 
because she doesn't like the way it plays would be the same as if she wanted 
her money back because she doesn't like maraschino red. 

As to the question of wanting her money back, excuse me, but it isn't her 
money. The parents bought the piano. If anything, the parents should go back 
to the store and ask if their daughter could exchange the piano for another 
one. If it can be done on an even exchange, fine. Otherwise, maybe the 
parents can provide the extra money.

The bottom line, though is that stores are under no obligation to refund 
money for a purchase. Consumer law states that all sales are final, unless 
there is something in writing that states a consumer will get his/her money 
back if not completely satisfied. (The fact that store do give refunds is 
totally a voluntary thing.) 

If it is found that there is something wrong with the piano, then that is 
covered under the manufacturer's warrantee. The teacher should demand that YC 
get involved. If the problem is indeed a manufacturer's defect, then the 
dealer and YC will need to work out the details. (Either get the problem 
fixed, or get the a new piano. The store might opt to refund the money, but 
they would probably do that as a last resort. And then they would only be 
obligated to give the money back to the parents.) 

Unless you are asked by the store, or by YC, to inspect the piano, there is 
nothing you can or should do about it. If the teacher wants to have you 
inspect it, then she needs to pay you for that inspection. And all you should 
do is inspect the piano, and write down your evaluation. Do not attempt to 
fix whatever is wrong. The teacher should then take your evaluation to the 
dealer and tell them what you found. If there is indeed a manufacturer's 
problem, then maybe she can get reimbursed by the store. But unless the 
dealer gave you permission to inspect the piano, they are not obligated to do 
this. 

Mark, I would be very careful about getting involved in this. This is not 
your problem. This needs to be worked out between the teacher, her parents, 
and the store and YC. 

Wim 

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