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Trading instruments

Posted: Sun Feb 17, 2008 2:13 pm
by Casey Tucker
Hello Tubenet,
I'm looking into trading my horn for someone elses. If you've done this, how did you do it? would the trade be off if one of the traders was unhappy? thanks!

-casey

Posted: Sun Feb 17, 2008 5:17 pm
by Steve Inman
I'm not an attorney and I don't play one on TV ...

... but this sounds like a golden opportunity for some sort of very simple contract, just to be sure everything is clearly thought out and spelled out ... in advance.

Otherwise, after a week, it's no longer "his" tuba to demand that he receive back! (or is it?)

Cheers,

Posted: Mon Feb 18, 2008 6:45 pm
by djwesp
I have traded euphoniums before and currently have a tuba trade in the works.

A simple handwritten or typed verification of the trade and terms is IDEAL. Signed by both.

I've also figured out, that honesty by both parties is what really matters here. The reason why trades go sour, is because one person witholds information about the instrument. If both people are extremely honest about the good points and bad points and are truthful in explaining why they are getting rid of that horn--- all is usually well.

Posted: Mon Feb 18, 2008 9:05 pm
by iiipopes
I wouldn't say "forfeits." I'd say something like "Seller gets to keep 10% of the deposit as damages for loss of use if the horn is not returned timely."

Posted: Mon Feb 18, 2008 11:39 pm
by iiipopes
No problem. Without examples, there is no basis for a person to figure out what is really needed. Ya' gotta' start somewhere.

Regarding contracts, or anything else like that in general: if a person is going to use a form of any kind (in any context), I would encourage the person using it to contact his/her own lawyer to make sure it will do what is desired and is enforceable where the form is to be used. Especially with something in the price range of a tuba, a few bucks spent up front could save literally thousands later.