Parents sold my piano of 17 years without my permission

[matt09]

If the situation is as described by you, then your parents could not pass good title to the dealer, who in turn could not pass good title on to the shop keeper , who in turn......

.The general contract rule is that a seller must have good title to any goods (i.e. owns the goods) that he (or she) sells
Without good title a person does not have the right to sell them, and the buyer does not obtain good title and will likely have to return the goods

It is not a defence to say that the buyer did not know, and the goods (or a full refund if the item cannot be located) will still have to be returned.

That's the theory.... but putting it into practice without going to court (I note you exclude that course of action) might be difficult if the current possessor declines to co- operate.

Perhaps a personal approach to all parties concerned, with an explanation of the circumstances and an emotional plea describing how much the instrument means to you might have the desired result, whereas going in all legal might just be confrontational.

Good luck

Thanks for the info, so I assume the implication is that being bought the piano as a gift does in fact make me the legal owner for this to apply?

Am I liable for an administrative fees and can the dealer or shop ask for more money in exchange for the piano than it was exchanged for?

[islandgirl]

I disagree. Without proof that it was gifted I think there is no claim on behalf of Matt09. The simple thing is as des8 says - contact the person who has it and ask for it back! Any money handed over would have to be returned along the chain. If they refuse let it go or buy it back. I think it would be best if the parents do this. I am starting to wonder if this is a genuine post but I have a very suspicious nature...

[des8]

IF the piano was gifted to you without conditions, then it is yours.

Obviously if you are going to negotiate for its return, you may well have to pay to come to a compromise solution.
Such an outcome could be cheaper than the legal route (always a bit of a lottery!) and certainly a lot less stressful.

[des8]

I disagree. Without proof that it was gifted I think there is no claim on behalf of Matt09. The simple thing is as des8 says - contact the person who has it and ask for it back! Any money handed over would have to be returned along the chain. If they refuse let it go or buy it back. I think it would be best if the parents do this. I am starting to wonder if this is a genuine post but I have a very suspicious nature...

I do say " If the situation is as described by you..."
OP seems certain he can obtain the proof needed.

So the next question concerns the validity of the sale under those conditions, which is what I addressed.


...... and I'm sure you have a very understanding and forgiving nature

[islandgirl]

Yes you are correct des8 that is sort of what I meant! I was disagreeing with the OP who said "I assume the implication is that being bought the piano as a gift does in fact make me the legal owner for this to apply?"
I am not sure about this one... my spidey senses are tingling somewhat which is a rare thing on a Monday morning.
I can be understanding and forgiving....just not very often - ask my husband...

[matt09]

I do say " If the situation is as described by you..."
OP seems certain he can obtain the proof needed.

So the next question concerns the validity of the sale under those conditions, which is what I addressed.


...... and I'm sure you have a very understanding and forgiving nature

You're disagreeing with a question? I asked a legal advice question on a legal advise forum and you find that suspicious?? What a shame I should have just waited until this morning for a quick solicitors chat. Thanks to those who gave advice which was reiterated by the solicitor, I have just contacted the dealer and confirmed I am legally the owner with rights to the piano.

[islandgirl]

No it is not des8 who is suspicious it is me. You are welcome to ask questions here of course but the situation described was so odd I was I admit suspicious. If this is genuine I am glad you have your position confirmed. I hope this does not destroy your relationship with your parents. Let us know how it works out.

[des8]

You're disagreeing with a question? I asked a legal advice question on a legal advise forum and you find that suspicious?? What a shame I should have just waited until this morning for a quick solicitors chat. Thanks to those who gave advice which was reiterated by the solicitor, I have just contacted the dealer and confirmed I am legally the owner with rights to the piano.

Not sure what you mean; have you read my post 18?
Pleased to hear your solicitor agrees and would appreciate it if you could keep the thread updated

[matt09]

Not sure what you mean; have you read my post 18?
Pleased to hear your solicitor agrees and would appreciate it if you could keep the thread updated

Sorry I quoted your post by mistake instead of ISLANDGIRL, thanks for your help.

[Manxman]

You're disagreeing with a question? I asked a legal advice question on a legal advise forum and you find that suspicious?? What a shame I should have just waited until this morning for a quick solicitors chat. Thanks to those who gave advice which was reiterated by the solicitor, I have just contacted the dealer and confirmed I am legally the owner with rights to the piano.

Wow!

I'm impressed that you started a thread here on Sunday afternoon and then managed to 'phone a solicitor on Monday morning (after your post #16 presumably - as you had made no mention of it previously) and that they gave you the advice you wanted to hear all based on what you'd already told us.

How much did they charge you for such speedy and definitive advice?

Out of curiosity, why would your parents sell a piano that they knew belonged to you? (And which they had apparently told the purchaser didn't belong to them? I hope the person they sold it to doesn't lose out as I suppose your parents could be liable for any losses he suffers as a result of them selling him something they weren't entitled to sell...)

Good luck!