2. amps-preamps
  3. 146419-53619

What responsibility does a seller have to tell a customer an item has been serviced?

A few months ago I bought an expensive pre-amp from a dealer here on audiogon. This is a long time known dealer with an 100% approval rating.

I went to his home to listen to it and there was one quirk about the design I didn't like about it but I thought I could live with it. I had spent so much time and effort to get it. A pretty long drive. When I brought it home and within 24 hours by the afternoon of the next day I realized I couldn't live with it I called him to return it. 
He didn't want to take it back. On his website he has a 30 day return policy. Unfortunately not being an experienced buyer I did not know there is a hidden tab on audiogon saying no returns. Why is this not stated on the main page?!

I was furious and he said he would take it back if I forced him to but he already had another buyer for it. I felt bad and there was a (hidden) no return policy so I let it go.
I had given to him two excellent pieces, the pre and an integrated, and cash for it so I lost quite a bit of money on the deal. I'm obviously not an experienced savvy customer.
I asked him to just give me the pre back for the piece he sold me and keep the rest but no deal. And he told me the pre I gave him in perfect condition, the one I wanted back, wasn't working so he had to send it in for repair. But I shouldn't worry about it. What?!!! I drove it to him I didn't ship it! And why shouldn't I worry that I gave him a non working component when I told him it was in perfect condition?!

Then about a month later I saw he had it listed for sale. This was about 2 AM and I immediately wrote him asking for it in exchange for the item I bought being that the sale he had fell through. Early the next morning hours later he told me it was sold and he had taken it down.

He did list my item he sold to me on audiogon for a couple of months at his expense but no sale. I finally at an extreme loss as I said was able to use it for credit towards another item being sold by another audiogon dealer. This dealer told me he spoke with the American distributor of the brand who told him the first dealer had sent it to him for repair. This was not told to me. Of course I was outraged. But I hadn't asked. If I had known I would never have bought it.

So this is my question: What obligation does a seller on audiogon have to tell a client an item has been serviced if a dumb customer doesn't ask?


Still burned by the loss of so much money and the jerking around and what seems to be a couple of lies.

roxy1927
celander's avatar
celander
1,503 posts
 
roxy1927 OP38 posts02-12-2019 10:04amYou do realize that if a component has been repaired it's trade in value is less? How can you all not know this? 

I wholeheartedly disagree with this proposition. Folks want to know what they are paying for. Disclosure about service work is more important to evaluating the value of the component in terms of updates and tune-ups. For example, nobody wants a sqeeky transport—it’s annoying. That alone would reduce its value if not addressed, because the eventual new owner would need to spend some $$ to get the piece up to an acceptable status for them.

Obviously, a piece with a lengthy service history raises red flags. But most pieces don’t have such service histories. 
iopscrl
199 posts
 
Issues on both sides.  Buyer should have asked more questions before purchase.  Seller was obligated to honor a stated 30 day return policy.   Publication of this policy (website, in ads, in correspondence) by the seller essentially negates the "hidden agon tab".  IE seller explicitly stated their policy is different than the agon baseline.  Seller should have reversed the sale upon notice from the buyer. 

Is a seller obligated to disclose previous repairs/service etc ?   Personally I believe a seller is obligated.  However the question is ethical rather than legal.  When selling a house, the seller is legally obligated to disclose issues that may be detrimental (damage, latent issues etc).  When selling a car, it is incumbent on the buyer to uncover all issues before the purchase.

Personally, I have purchased "refurbished" items and have enjoyed excellent performance.  I like "refurbished" as it means the item was not only serviced, any deficiencies were corrected, and the item was fully tested to ensure it met published specifications.   In some cases "refurbished" results in a component in better condition than one purchased as new retail stock.  And all is done with full disclosure.

joshfilm
70 posts
 
Someone here (or collectively we) should write a list of good questions to ask before purchasing a used piece of equipment.

It would be very helpful to many on this site.

I wish I had that list when I started making purchases. The first few audio purchases are usually clouded with gear lust and a false sense that someone else might buy it if you don't act quickly.
joshfilm
70 posts
 
Another small note: I've usually discovered some history of repair when the item price is a little "too good to be true". Seller's conscience usually expresses itself in a drop in asking price, after which they feel relieved of their responsibility to disclose (as its already factored into price). So I would definitely ask that question if a price is just too enticing.



rfagon
36 posts
 
+1 

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