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<DIV>Hi, Phil:</DIV>
<DIV> A sticky wicket, there. My question would be, did you tell the customer to offer less money for it because you hoped the seller would balk and reject the low offer? If so, then I'd be feeling real queasy right now. </DIV>
<DIV> I would guess that you didn't do that on purpose. If the customer wanted the piano that badly, they could have offered more for it. I assume that you had no hand in direct negotiations with the seller. If the customer didn't want it badly enough to pay the seller's asking price, why would they care if you paid the full pop and bought it yourself?</DIV>
<DIV> Having said that, when someone hires you, your only duty is to inform the customer of the facts, and give them your best judgment call to assist them in their decision to purchase or not. What happens after that is none of your business. If you did that, your duty is fulfilled. If, however, your assessment of the piano was tainted by your desire to buy the piano yourself, you are at fault. </DIV>
<DIV> FWIW,</DIV>
<DIV> Paul McCloud</DIV>
<DIV> San Diego</DIV>
<DIV> </DIV>
<DIV></DIV></DIV>
<DIV> </DIV>
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<DIV style="FONT: 10pt Arial">----- Original Message ----- </DIV>
<DIV style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B> <A title=pryan2@the-beach.net href="mailto:pryan2@the-beach.net">PJR</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To: </B><A title=ilvey@sbcglobal.net href="mailto:ilvey@sbcglobal.net">ilvey@sbcglobal.net</A>;<A title=pianotech@ptg.org href="mailto:pianotech@ptg.org">Pianotech List</A></DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> 05/03/2006 6:08:38 PM </DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Ethics question</DIV>
<DIV><BR></DIV><FONT size=2>I was asked to evaluate the condition of a used piano for a customer (buyer) for a nominal fee. It was a private sale. When I went to see the piano, it was one that I had been wanting for some time. <B>I</B> wanted to buy it from the seller. Question: How, when and/or what must I do, ethically, to buy it from the seller seeing that now I had a fiduciary relationship with the customer who paid my fee?<BR><BR>What actually happened:<BR><BR>I wrote a positive report of the piano and recommended the buyer offer several hundred dollars below the asking price. She did so, but, the seller rejected her offer. The buyer left the deal and bought another piano elsewhere. When I heard she bought another piano, without telling her, I offered the original seller his price and bought the piano. Did I do wrong? Should I have asked her permission? Should I tell her now, especially since she plans to hire me to tune her new piano? I have a queasy feeling about the deal. Should I? It could be a future, awkward situation.<BR><BR>Phil Ryan<BR>Miami Beach<BR><BR><BR><BR><BR></FONT></BLOCKQUOTE></BODY></HTML>