2. misc-audio
  3. 160869-112781

Purchase breaks well within 30 days

Hi,

I purchased a $3750 dac used from a member and within a few weeks one of the two channels stopped working inexplicably.

The dac is under warranty but because the authorized repair shop recommends the entire dac board to be replaced it may take 4-6 month to get the part as the manufacturer is way behind because of covid and has limited capacity to manufacture things.  At minimum will be 3 months.

I would think
If repair estimated to be free and within 60 days or so the buyer should just be patient and not ask for refund.

But if a very lengthy repair timeline I am of the mind that a refund is appropriate but wanted input of others.

For sake of discussion lets assume seller had no idea there was problem and buyer did not contribute to problem

Thoughts?
atwatervillagelawyer
lalitk's avatar
lalitk
5,444 posts
 
It’s unfortunate that one of the channels stop working. The seller is not obligated to take the unit back regardless of how long it would take to get the repairs done.

As others have suggested, pursue the repairs with the manufacturer. Hopefully it will provide years of trouble free operation after being gone through complete health check.
djones51
4,947 posts
 
There's some misconception here how was the DAC paid for makes a difference. Credit cards give 30 days, if you want to pursue it you would most likely win an arbitration since it broke within 2 weeks. Depends on how you wish to proceed and how it was paid for and if you have contacted the seller to see if he's willing to do anything. 
hilde45's avatar
hilde45
4,974 posts
 
I agree that the seller isn’t obligated to do anything. If it’s working fine at the time of sale how could they possibly know what would happen in two weeks? It’s different in this way from, say, a car, where one might know (from a mechanic) that a timing belt is going to need replacing or the brakes are in their last month of usable life. A DAC just isn’t predictable in this way, right? And the seller wouldn’t have any way to assess its longer-term durability nor would that kind of responsibility be appropriate for the practice of private audio gear selling. That’s at least my initial take.
builder3
758 posts
 
You're a lawyer, and asking this question? It's used merchandise, an "as is" sale, unless specifically stated otherwise. The idea that the seller should offer a remedy better even than the manufacturer is absurd.  Every unfortunate thing that happens isn't necessarily someone else's fault.
djones51
4,947 posts
 
Whether or not the seller knew is only relevant from a personal ethical point of view. What legal recourse the buyer has is spelled out in the various rules that apply. If this sale went through PayPal and he used a credit card and the device broke within 2 weeks and he wants to pursue a refund I would use PayPal arbitration. You'll probably get your money back. 
More to discover