Bigjoe - I am a new Audiogon member in the process of completing my first Audiogon purchase, so you have infinitely more experience in the selling/buying process than I do. However, I question your dismissal of escrow because it is the fasting growing scam out there with copy cat names. There is no reason for a savvy seller to end up dealing with a copy cat or fake escrow company. First, Audiogon has a direct link on its Help page to Escrow.com, one of the largest escrow companies. Second, if a buyer insists on escrow, you, as the seller, should insist on choosing the escrow company or give the buyer a choice of several legitimate escrow companies. If the seller limits the choice of escrow company to legitimate escrow companies, I doubt there is a way the buyer can highjack the transaction and move it to a sham or fake escrow company. Of course, this approach requires you to use Escrow.com or research and select other escrow companies in advance of placing your ad. You may not want to spend that time and effort.
In a related thread, What is it with Scams, a post on 03/01/05 by Ga5556 suggests a scam that might be worked into the fabric of a legitimate escrow: a phony e-mail from
the escrow company. In the case of the seller being scammed, the phony e-mail would confirm that the buyers funds were good and instruct the seller to ship the quipment. I dont know how ingenious scammers are in creating fake e-mails, but it seems to me the seller could sniff out a fake e-mail by comparing its origin with the origin of legitimate e-mails from the escrow company. Also, a separate e-mail (not a response to the suspected e-mail) or a telephone call from the seller to the escrow company asking for confirmation should be enough to uncover a fake e-mail instruction to ship.
There may be other reasons why you do not like to use escrow companies, like slower completion of the deal and the escrow fee, but I think concerns about a fake escrow company or fake e-mails can be eliminated with a small amount of effort.
One problem area I would have about using an escrow as a seller is the acceptance of credit card payment by escrow. Escrow.com accepts credit cards and its FAQ does not
discuss the ability of the buyers credit card company to yank back or "freeze" the funds after the equipment has been shipped. If an escrow company told me that it could not stop funds paid by credit card from being pulled out of escrow or being "frozen," I would not use escrow unless the escrow instructions for my sale specified that payment by credit card would not be allowed.
Incidentally, I think escrow avoids a partial refund claim of the type described in your 02/26/05 post to this thread. As I understand the escrow process, the buyer has a set period of time after delivery to accept or reject the item. If the buyer does not notify escrow that there is a problem, escrow automatically forwards all the money to the seller. If the buyer rejects the item, the buyer does not get a refund until the seller confirms receipt of the returned equipment. There is no procedure for a part payment/part refund - its either all or nothing. And at no time is the buyer allowed to have both the item and his money (provided the credit card issue discussed in the prior paragraph is eliminated).
A further thought on the partial refund transaction that was described in your post. That transaction was concluded face-to-face, so the seller could have put the amp into
his system and played it for the buyer just to confirm that it was in working order before handing it over. Of course, that wouldnt have prevented the buyer from later lying
about the condition of the amp when it was handed over, but it would have given the seller some additional ammunition. If the seller really wanted to protect himself, he could have asked the buyer to sign a receipt confirming that: (i) the amp was delivered and (ii) the buyer had listened to the amp and it was in working order. This may sound a little over the top, but if you conclude a deal in person, you might as well get all the advantages it offers over transactions that involve shipping. The ability to confirm the condition of the equipment at the time of delivery to the buyer is one of those advantages (for both sides). Also keep in mind that a seller who ships has the carrier's receipt to prove that he shipped the equipment and maybe a tracking report or carriers record to prove it was delivered. As a seller in a face-to-face deal, you have neither, so you should create a receipt to at least verify delivery.
I dont claim to be an expert, so any additional comments you can provide would be welcome.
In a related thread, What is it with Scams, a post on 03/01/05 by Ga5556 suggests a scam that might be worked into the fabric of a legitimate escrow: a phony e-mail from
the escrow company. In the case of the seller being scammed, the phony e-mail would confirm that the buyers funds were good and instruct the seller to ship the quipment. I dont know how ingenious scammers are in creating fake e-mails, but it seems to me the seller could sniff out a fake e-mail by comparing its origin with the origin of legitimate e-mails from the escrow company. Also, a separate e-mail (not a response to the suspected e-mail) or a telephone call from the seller to the escrow company asking for confirmation should be enough to uncover a fake e-mail instruction to ship.
There may be other reasons why you do not like to use escrow companies, like slower completion of the deal and the escrow fee, but I think concerns about a fake escrow company or fake e-mails can be eliminated with a small amount of effort.
One problem area I would have about using an escrow as a seller is the acceptance of credit card payment by escrow. Escrow.com accepts credit cards and its FAQ does not
discuss the ability of the buyers credit card company to yank back or "freeze" the funds after the equipment has been shipped. If an escrow company told me that it could not stop funds paid by credit card from being pulled out of escrow or being "frozen," I would not use escrow unless the escrow instructions for my sale specified that payment by credit card would not be allowed.
Incidentally, I think escrow avoids a partial refund claim of the type described in your 02/26/05 post to this thread. As I understand the escrow process, the buyer has a set period of time after delivery to accept or reject the item. If the buyer does not notify escrow that there is a problem, escrow automatically forwards all the money to the seller. If the buyer rejects the item, the buyer does not get a refund until the seller confirms receipt of the returned equipment. There is no procedure for a part payment/part refund - its either all or nothing. And at no time is the buyer allowed to have both the item and his money (provided the credit card issue discussed in the prior paragraph is eliminated).
A further thought on the partial refund transaction that was described in your post. That transaction was concluded face-to-face, so the seller could have put the amp into
his system and played it for the buyer just to confirm that it was in working order before handing it over. Of course, that wouldnt have prevented the buyer from later lying
about the condition of the amp when it was handed over, but it would have given the seller some additional ammunition. If the seller really wanted to protect himself, he could have asked the buyer to sign a receipt confirming that: (i) the amp was delivered and (ii) the buyer had listened to the amp and it was in working order. This may sound a little over the top, but if you conclude a deal in person, you might as well get all the advantages it offers over transactions that involve shipping. The ability to confirm the condition of the equipment at the time of delivery to the buyer is one of those advantages (for both sides). Also keep in mind that a seller who ships has the carrier's receipt to prove that he shipped the equipment and maybe a tracking report or carriers record to prove it was delivered. As a seller in a face-to-face deal, you have neither, so you should create a receipt to at least verify delivery.
I dont claim to be an expert, so any additional comments you can provide would be welcome.