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Contract Dispute AVIATOR October 18, 2007 06:48 pm
Some advice would greatly be appreciated regarding my contract dispute with a piano retailer.

I entered into an agreement to purchase a piano where a deposit was placed and a contract drawn up indicating the balance of the purchase amount to be paid on delivery. My dispute centres around the information provided to me regarding the piano at the time of the purchase turns out to be erroneous which greatly influenced my decision since I assumed the retailer was acting in good faith. The age of the piano was misrepresented by approximately 50% based on the serial number and my communications with the manufacturer. In addition, other information given to me at the time of the transaction tends to contradict that supplied by the manufacturer in terms of environmental effects and degradation. Upon finding this out, I contacted the retailer within 48 hours to inform him of my findings but he was very admanant about the conditions of the contract and I thus indicated to him that I am not accepting delivery since the piano in my opinion was grossly misrepresented to influence my decision to purchase the piano. He did not attempt to reconcile or offer me another piano to calm my concerns. I checked the Ontario Consumers Act 2002, which affords a consumer some rights in the face of contractual disputes. My argument essentially revolves around the misrepresentation of the piano based on information received from the piano manufacturer and other reputable internet sites - but I am afraid it is their word against mine. I welcome any insight into how to handle this situation since it appears that there will be litigation in small claims court.


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