Illegal?

[Rob & Helen Goodale]

Yes, this is very illegal provided that the seller knowingly presented it as a Steinway.  Proving the "knowingly" part can be difficult unless it was from a dealer or technician. In such cases this could be used against them because as professionals they are expected to know the difference and therefore intentionally misled the buyer.  This would be like a car dealer selling a Honda Civic with the name removed and replaced with one that says Toyota.  A dealer should know the difference and therefore it can be easily argued that they are committing fraud.

If it can be proven that the seller knew the difference or if a witness can be produced who was aware that the name had been changed and is willing to speak on the record to that effect, (such as a previous owner), then there may be grounds for legal action.  If it can be shown that the seller has done this before and would likely do it again it may be possible to persuade a district attorney to file criminal charges, particularly if it involved a dealer.  If this was a one time offense, however, criminal prosecution is unlikely.  There are too many larger fish in the pond and prosecutors don't particularly want to go after something like this.  In small claims court, however, it is possible a judge may order the seller to refund the money and possibly punitive damages.  Collecting, however, could be an entirely different matter.  Small claims judgments are often hard to enforce.  In such circumstances it may be possible to order a credit lean on them until the judgment is resolved but things get increasingly complicated from there.  Bottom line- BUYER BEWARE!!

Rob Goodale, RPT
Las Vegas, NV

  Illegal?


  A while ago I was called to tune an old upright piano that had been beautifully refinished. The fallboard 
  had a Steinway decal, but the piano was not a Steinway! In fact, no name could be found on the plate. Now, the character that sold this lady the piano not only did something that was disgusting an unethical, I believe it was illegal. Am I correct?

  Jesse Gitnik
  NYC
  Tech. since 1980
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