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<DIV><FONT face=Arial size=2>I had a similar experience not too long
ago.</FONT></DIV>
<DIV><FONT face=Arial size=2>I was hired to evaluate and appraise
a grand by a potential buying customer. We had a discussion
that I was being hired by her, the buyer, and not by him, the seller. Reason was
that she didn't want me discussing anything with the seller while I was at his
home, which I agreed to. I was representing her, not him. Fine.</FONT></DIV>
<DIV><FONT face=Arial size=2>After the appraisal, she and I discussed the
findings and I had informed her that this would be a good buy however
it needed x, y, and z. And because it needed things like hammers I told
her that the cost of those parts and installation would be over and
above the asking price. Her response was "if that's what it needs, I'm not
interested. At that point I had completed my obligation with the potential
buyer. She paid my fee and that was it.</FONT></DIV>
<DIV><FONT face=Arial size=2> In the meantime I had 2 or 3 other potential
buyers looking for the exact piano that I had just appraised. I sent her several
email after making sure that she wasn't interested. She keep saying no, so
I called the seller and informed him that I have several potential
buyers who are looking for a piano like his. His response was that he had
promised the piano to the party that hired me to do the appraisal. I
informed him that she made it very clear that she wasn't interested due to
the price and work which needed to be done. Come to find out that she,
the potential buyer, and he, the seller, were very close friends and she hadn't
informed him that she wasn't going to buy the piano. He was shocked and hurt. He
caller her and I guess that had words. She call me and we had BIG words. She
felt as though I had violated her terms of our agreement. I had no business of
approaching the seller in no uncertain terms. Of course I didn't see it that way
but understood the predicament that I found myself in.</FONT></DIV>
<DIV><FONT face=Arial size=2>Bottom line is that I had completed an honest and
complete evaluation of the instrument, all in good faith. It wasn't until a week
later when she announced that she wasn't interested in this piano and would be
looking elsewhere that I approached the seller.</FONT></DIV>
<DIV><FONT face=Arial size=2>After the uncomfortable position I found myself in,
I excused myself from the seller and haven't suggested his piano to
anyone.</FONT></DIV>
<DIV><FONT face=Arial size=2>Tom Servinsky</FONT></DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<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> Wednesday, May 03, 2006 8:34
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Ethics question</DIV>
<DIV><BR></DIV>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></BLOCKQUOTE></BODY></HTML>