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.
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?
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?
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- 49 posts total
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. |
The component functioned as advertised for, "a few weeks". That it failed afterward is simply bad luck. Trying to hold the seller responsible is a cheap shot, especially given it's still under warranty! (csmgolf, hilde45, et al = +1) |
Have bought and sold here for a long time and I too agree with the overwhelming response you are getting from the other members. As a lawyer, you understand risk and reward....the reward of buying used is the lower (than new) price, the risk is situations like you have experienced, in addition to risks associated with shipping damage, payment issues, fraud, etc. That the manufacturer is honoring a warrantee for other than the original owner is rare....consider yourself lucky. |
- 49 posts total