Question
CASE: Seller, the owner of a piano store, placed an advertisement to sell a baby grand piano. The advertisement stated: 6-month-young Topnotch baby grand piano,
CASE: Seller, the owner of a piano store, placed an advertisement to sell a baby grand piano. The advertisement stated:
6-month-young Topnotch baby grand piano, must sell due to downsizing of store $60,000
Buyer, a very successful businessman, wanted to learn how to play a musical instrument. Because he wanted only the best, he decided to buy a Topnotch brand baby grand piano. Buyer knew that new Top notches sell for $75,000, and that they do not depreciate rapidly in value. He responded immediately to Seller's ad because he thought the piano was a real bargain.
The parties completed the sale at the asking price. The bill of sale, signed by both parties, stated: "Baby grand piano, as is, $60,000." The bill of sale did not specify the brand of piano.
The day after the piano was delivered to Buyer, he had the piano tuned. The tuner laughed when he saw the inside of the piano. Although the piano had the Topnotch name and logo embossed on it, he told Buyer that it was really an Off brand piano. After purchasing the new Off brand piano for its fair market value of $6,000, the Seller had changed the nameplate and logo on it. Attorney, who was Seller's personal friend, had been with Seller when he bought the Off brand piano but did not participate in the resale of it to Buyer. Buyer now plans to file suit against Seller.
Provide analysis of the contract. Be sure to discuss and explain the elements present, the governing laws, and incorporate any potential issues other than contracts to support your conclusion.
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