Are You the Legal Owner of this Piano?

Pianos, unlike cars and Real Estate, do not have titles of ownership Listed with the state you live in.   But, this does not mean that there are not laws that apply to your ownership of the piano and the ways in which you can and can't transfer title to another person.

Here are some of the reasons that you CANNOT be the only one signing a contract, stating you are the sole owner of the piano you are listing with us.

1. You are married in a community property state.  We require your spouse's agreement to this contract as well as yours.  Both of your names should be on the contract and both of you should sign the copy you fax and send to us. 

2. You were given your piano by a relative, but there are other relative's who claim ownership of it.  We ask you to resolve the differences in the family first.  Then obtain a signed document from the person giving you the piano stating that it is yours, free and clear of any liens or encumbrances.  

3. You are in the middle of a divorce proceeding and legal arrangements agreeable to both parties of the divorce have not been made yet.  We ask that you either obtain an official document from the court that clarifies your sole ownership of the piano, or you obtain your ex-spouse's agreement and signature on the contract you fax to us.

4. You are the beneficiary of the piano through an estate that is currently in probate.  In this case, the piano still belongs to the estate and you do not have authority to sell it as an individual.  The contract with us should be written by the Executor of the Estate, "(name), Executor for the Estate of (name of deceased) and signed by that person.

5. If there have been any judgments of the court that have been rendered against you that might affect your ability to legally transfer title of the piano to a buyer.  We ask that you consult your attorney if you have any questions about situations you are currently confronted with of this nature.

6. If your are currently in the middle of, or plan to file bankruptcy within the next 90 days.  During bankruptcy, all of your assets belong to the court until the bankruptcy proceedings are completed.  During that time, only the representative appointed by the court has authority to sell your piano.  Transactions that have happened 90 days previous to the filing of bankruptcy may be questioned by the court if the piano was sold below its retail value.

Do You Own This Piano Free and Clear of Any Lien's And Encumbrances?

1. If you have taken out a loan on the piano from a bank, financial institution or other entity and they have taken a lien on the piano until their note is paid in full, then you should list the Lien holder on your contract with us. 

2. If this piano belongs to an Estate that is in Probate, then the IRS may have a lien on the Estate until after escrow closes.  Usually this means that the IRS will only have an interest in the piano if the Estate taxes are not paid.  Since Real Estate and personal property transactions are conducted all the time during probate, this does not mean that the estate cannot sell the piano.  However, it does mean that you should state "Estate in Probate" under the Lien holder section of your contract with us.  We may require an additional statement from the attorney handling the Estate as part of the document transfer in order to protect the buyer from any unpaid IRS estate taxes after the estate has received payment in full from the buyer.

3. If you have liens on your personal property and assets by tax agencies who are attempting to collect payment from you for debts you owe them, then you should list the agencies that have liens against you that would affect the piano. 

The important thing we require is full disclosure of all the issues that affect might affect transfer of title to the buyer, free and clear of any lien's and encumbrances.  If you have any questions about your particular situation, you can discuss it with us.

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2121 North California Blvd., Suite 290, Walnut Creek, CA 94596
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