Legal Question in Real Estate Law in New York
Violin Rental
last year my we rented a violin from a music store. After the year was over, we returned the violin. It was a few days late, so they charged my credit card the appropriate late fee. I thought it was over, but I began receiving letters from a third party the National Music Exchange Company stating that the violin was not returned. After investigation, the music store called me and said that I returned the wrong violin. They suggested that perhaps my daughter accidentally switched violins with someone else. My daughter claims she did not. I checked the school and had no luck finding the violin they claimed was not returned. They are charging me $700 for this violin. Meanwhile, I have no violin in my possession. As far as I knew, I returned the proper violin. What do I need to do?? How can I resolve this matter?
2 Answers from Attorneys
Re: Violin Rental
Hopefully, you retained your receipt of the violin return. If you did, that should be sufficient and adequate proof, that should insulate from suit by the third party.
For you own information, you might consider acquiring an estimated value of the violin, "they say you returned" and the violin "they say" was not returned, to determine the difference
You should also keep in mind that rented instruments, usually do not retain their value, the way sequential mature musician ownered instruments do, for obvious reasons.
Argue your case; and hope for the best.
Good luck,
Phroska L. McAlister,ESQ
Re: Violin Rental
Perhaps a strongly worded letter to the third party and to the retail store. Methinks the store whould have checked to see what was returned...after all, they could have switched it...if they gave you a clean bill of health, tell that to your credit card company and to the Music Exchange.
Contact me with any questions.
Good Luck
RRG
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