What to do if I’m being threatened by a pawn shop for selling them a fake guitar?

UPDATED: Oct 1, 2013

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What to do if I’m being threatened by a pawn shop for selling them a fake guitar?

The shop is threatening to sue me but I did not know it was fake. Before I pawned my guitar, one of the employees at the pawn shop informed me that China makes a lot of fake Gibson guitars and the employee also said to me, “before we can accept your guitar as a pawn, I (employee) would have to inspect the guitar to see if it is real or fake”.So the employee inspected my guitar for 20 minutes and he came to the conclusion that my guitar was not fake but an authentic Gibson guitar. By the employee being a guitar expert, I felt happy that the guitar I paid for was a real authentic Gibson..Now a month later the pawn shop is calling me to ask for their money back.

Asked on October 1, 2013 under Criminal Law, Florida


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

This is a case of a mutual mistake of fact.  

Where both the parties enter into an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.

You both believed the guitar was a Gibson, but it was not.  This was a mutual mistake.  If they still have the guitar, they should return it to you, and you pay them the money they "loaned" you.  No more, no less.  

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