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Double Bass My experience with Kolstein Music

DaveMFM

Supporting Member
May 16, 2024
103
258
Here is an account of my recent interaction with Kolstein Music.

In 2014 I put a bass on sale at Kolstein’s shop in Baldwin, NY. I interpreted our consignment agreement as requiring contacting me for any sale netting me less that $18,800.

In the spring of 2024, I believe, I talked to Manny Alvarez by phone and—I believed, but see below—lowered my minimum net to $15k.

In May of 2024, believing that no one had put an offer on the bass, I put up a classified ad at TalkBass to publicize the instrument in hopes of encouraging a sale.

In August 2024 another TalkBass member contacted me. This person said they were puzzled to see my ad, because they had purchased my bass in September of 2023, months before I posted my ad. That buyer kindly sent me photos, paperwork, and receipt of sale for $25k. (The buyer, I should say, has been very kind and helpful throughout.)

I called and emailed Kolstein Music to find out what was going on. The shop told me that there was some mix-up with inventory numbers. After confirming that my bass did sell, the shop sent me paperwork for a wire transfer, as well as a consignment agreement giving me $15k for the sale.

I was confused by the 15k figure. By phone, Manny told me that I’d get 15k because of our earlier conversation. I was under the impression that I got a fixed percentage of sale price, with my permission needed for any sale that netted me below 15k. He said our agreement meant I’d get 15k regardless of the sale price. I decided to take the 15k.

On August 25 I sent signed financial paperwork. After several calls and emails, the last mentioning litigation, I got paid on Sept 13, 2024.

I have tried to be as accurate as possible with the claims presented here. However, there are some posts online claiming that Kolstein’s is litigious, and I might face some legal action pushing me to remove this post. Whether I remove it or go through lawyers is an open question, so act accordingly.
 
Here is an account of my recent interaction with Kolstein Music.

In 2014 I put a bass on sale at Kolstein’s shop in Baldwin, NY. I interpreted our consignment agreement as requiring contacting me for any sale netting me less that $18,800.

In the spring of 2024, I believe, I talked to Manny Alvarez by phone and—I believed, but see below—lowered my minimum net to $15k.

In May of 2024, believing that no one had put an offer on the bass, I put up a classified ad at TalkBass to publicize the instrument in hopes of encouraging a sale.

In August 2024 another TalkBass member contacted me. This person said they were puzzled to see my ad, because they had purchased my bass in September of 2023, months before I posted my ad. That buyer kindly sent me photos, paperwork, and receipt of sale for $25k. (The buyer, I should say, has been very kind and helpful throughout.)

I called and emailed Kolstein Music to find out what was going on. The shop told me that there was some mix-up with inventory numbers. After confirming that my bass did sell, the shop sent me paperwork for a wire transfer, as well as a consignment agreement giving me $15k for the sale.

I was confused by the 15k figure. By phone, Manny told me that I’d get 15k because of our earlier conversation. I was under the impression that I got a fixed percentage of sale price, with my permission needed for any sale that netted me below 15k. He said our agreement meant I’d get 15k regardless of the sale price. I decided to take the 15k.

On August 25 I sent signed financial paperwork. After several calls and emails, the last mentioning litigation, I got paid on Sept 13, 2024.

I have tried to be as accurate as possible with the claims presented here. My attorney considers this post to be non-actionable. However, there are some posts online claiming that Kolstein’s is litigious, and I might face some legal action pushing me to remove this post. Whether I remove it or go through lawyers is an open question, so act accordingly.
This is so unfortunate and I am so sorry this happened to you.

Sadly, this seems to track with some other recent allegations with the shop, with the current litigation and the claims against Manny. Based on these stories and legal allegations, he does not appear to be operating above board.

Maybe he took on too much overhead and this compelled him to engage in some questionable practices, or maybe this is just the way it is. I think it may be safe to say that the Kolstein's of today is not what is was. Hopefully that is not the case and these are just unfortunate isolated incidents, but everyone should beware.

Thank you for sharing this with us.
 
I was under the impression that I got a fixed percentage of sale price, with my permission needed for any sale that netted me below 15k. He said our agreement meant I’d get 15k regardless of the sale price. I decided to take the 15k.

I got paid on Sept 13, 2024.
As a lawyer, I find this confusion curious. I assume you have a signed consignment agreement. Is that agreement unclear/silent/ambiguous as to this? IMO that would be VERY unusual. Not to mention any verbal "amendment" of your agreement.

I would assume your initial agreement said something like (not intended to be contract language) "consignor to receive 80% of sale price. Sale price to not net consignor less than $18.8k. Upon notification, may agree to sale netting consignor <$18.8k." So, if you later agreed to lower the $18.8k term to $15k, how could anyone assume you had also agreed to lower the 80% term?

When you got paid, were you paid $15k or what percentage of $25k you expected?

Just really curious - and unfortunate. If nothing else, a good reminder to everyone to read VERY CAREFULLY any contract you sign, and to demand that every one of your expectations be clearly stated.

Not a lot of great news coming out lately about this shop. Unfortunate.
 
As a lawyer, I find this confusion curious. I assume you have a signed consignment agreement. Is that agreement unclear/silent/ambiguous as to this? IMO that would be VERY unusual. Not to mention any verbal "amendment" of your agreement.

I would assume your initial agreement said something like (not intended to be contract language) "consignor to receive 80% of sale price. Sale price to not net consignor less than $18.8k. Upon notification, may agree to sale netting consignor <$18.8k." So, if you later agreed to lower the $18.8k term to $15k, how could anyone assume you had also agreed to lower the 80% term?

When you got paid, were you paid $15k or what percentage of $25k you expected?

Just really curious - and unfortunate. If nothing else, a good reminder to everyone to read VERY CAREFULLY any contract you sign, and to demand that every one of your expectations be clearly stated.

Not a lot of great news coming out lately about this shop. Unfortunate.
I will look again at the language. I will say that at the time I accepted the 15, I had seen the eviction case for the NYC location, and preferred to get *something* rather than wait in line with other creditors, should the whole thing go south. Also in hindsight I would have read things more carefully. I think I had assumed that the shop was all above board.
 
Unfortunately it may be that you've now forgone any opportunity to get the rest of what's owed to you.

Fortunately, you got SOMETHING - it looks to me like they're circling the drain - declaring bankruptcy to avoid paying out any more is probably around the corner, and resolution of THAT and payment of creditors (and probably not 100% of what's owed, either) might be years away.

Frankly, given the clown show at that shop, you probably made the right decision to take what you could get now.
 
Check your P.Ms I shared my Kolstine Busetto Travel Bass repair “experience” with you. Let’s just say you are not alone.
Seems like maybe there should be a sticky thread about Kolstein’s to warn other players to beware.

We have a few in the BG forums for builders and companies that have engaged in dubious business practices.

Just a thought.