Legal Question in Consumer Law in Maryland

Re: Defective Merchandise Refunds

What did the warranty, all the small print, or back of your sales agreement say? Were you buying the guitar for personal use or professional use? You will have more rights as a consumer. I understand Bill's sells lots of used guitars and probably has several notices about the sales being as is and the like. I happen to have a guitar teacher who recommended looking at what Bill's has regarding used guitars, and drove by their store recently. I would think your best bet is to use the store credit, since it looks like they have a lot of guitars to choose from, and you ought to be able find something.

Re: Defective Merchandise Refunds

There are both express and implied warranties as to the qualities of goods such as this. The problem is that if the seller will not live up to the warranty by taking back the instrument and giving a refund, by giving you a replacement that works, or by fixing the instrument that you purchased, then your only option is to sue in small claims court for your damages (or accept their offer of a store credit). From my perspective (as a guitarist and as an attorney) your damages would be equal to the purchase price of the guitar, because a guitar with strings that buzz is not worth anything at all.

Now, the only obvious problem is that usually people play guitars in the store before they purchase them. So, there may be issues of proof as to the condition of the instrument at the time of purchase and the cause/reason for any changes that occured thereafter.

Another atty also responded to this question with a suggestion that you use the store credit and consider an used guitar. That may be good advice -- my guess is that the original instrument was relatively inexpensive -- as a practical matter you may get a better instrument if you look at an used one.