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Doh!
In the pics the back of the neck is a sort of light brown color and where the volute is on the back of the neck is an area that is covered in black paint. so it is clear to see that there is black paint sprayed onto the Lighter colored brown wood.
Is it because of the area of black paint on the volute that you believe it has been repaired.
I'd try talking to them again - particularly once you've got the 'expert' opinion in writing. Like you, I would always refund if something had a genuine issue that I hadn't spotted - it would be pretty bad of them to not refund.
It is possible to get your money back even though it's a private sale but you would have to do this via small claims.
First, talk to them, explain the situation and try and persuade them to do the right thing. If they refuse say politely you'll be seeking professional advice and will seek redress.
If they subsequently don't play ball send a formal letter, enclosing the report (use words like "professional opinion etc." and say they have the chance to refund within 14 days etc. before you take further action.
Lastly, go through the Small Claims (£35 I think) and hope that all the hassle for them will make them change their mind. It will involve some hassle for you too though.
However, Drew's right - I'm pretty sure a Court will decide Caveat Emptor in the end in these circumstances.
It's a bummer all round.
It is also possible that the OP would go down the small claims court route, and lose. You need to balance the risks, ie seek proper advice about the likelihood of success here. I am not an expert but the fact that you had the opportunity to look at the guitar before handing over the money swings the balance in the seller's favour in this instance. If it were a dealer, or you didn't have the chance to closely look at it (ie it was a distance-sale, based on photos alone) it would be much more in your favour (but still not a 100% certainty).
The luthier's report might give more weight to your case, might not.
If I had to bet, It would be that there was no break and you are being fussy about a secondhand guitar. However no one can be sure unless you look at it under a blacklight.
No that's pretty standard. It's that it's sprayed over the finish where as on the body it is under the lacquer and immaculate. Also I've just received the report from the luthier, who has sent a comprehensive email stating unequivocally the headstock has been repaired.
Having read the whole thread, I'm glad to hear it's been settled amicably.
I wouldn't want to take the side of a dodgy seller, but in this case it sounded like a grieving widow who'd made an honest mistake. Dragging her through the small claims courts didn't sound like the most desirable course of action.
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Excellent news - I know how you must feel having been through a similar situation.
I haven't bought a 2nd hand guitar since my experience, only bought new!
Agreed, it's been with a heavy heart I've pursued it and I was up most of the night on Thursday with it all running through my head. At least with a shop you can just go in and shout at them, almost worth paying the extra for that.
Her whole world must be crumbling so a sale falling through shouldn't upset her too much more.
I know how it feels.
Also
Surely the neck would be one continuous colour on the model normally? So could you compare to yours to another model and see if it has indeed been 'covered' up.
Hi Tom - you did well to spot it, however, the job whatever it was wasn't finished very well.
My experience of work in this area of the instrument leads me to believe the headstock has been broken at some point, the dark finish on the volute is a dead giveaway. I took a photo of the suspicious area when you brought it in so I could blow it up, I have attached it for your information - you can see where it has been sprayed over and too much lacquer has been applied, sufficient to make the finish buckle, the other thing is the totally different standard of finish at that point on the guitar - the rest of the guitar is immaculate while this suspicious area not very well done, it hasn't been rubbed down correctly and polished up to the same level of gloss. In addition some of the washers on the tuning machines are upside down, meaning they have been off - that would not happen straight from the factory, there is also white residue on the rosewood fingerboard between the nut and the first fret - another tell tale sign things being done to it.
Not knowing what has been done to the guitar is a worry and it being disguised badly under a dark finish backs up that doubt - as mentioned it leads me to believe the headstock has been broken or cracked - which is a common problem on most Gibson style guitars plus their copies like this one suffer the same weakness at that point, I've fixed hundreds of them myself over the years
In terms of the people selling the guitar the description is inaccurate - there has been work done on the guitar and it is certainly not "as new" which obviously affects the value of the instrument. I would go back to them and explain what is wrong with it, hopefully they will understand your disappointment with it once the problem is pointed out.