2. speakers
  3. 1020135455

What is the right thing here................

Thanks for pitching in.

I have been buying, selling, and upgrading for about 2 years now. I have done so with very few issues, although, tough for anyone to say no issues. This deal was not made from AudioGon, but I would like your years of experience as help.

This problem is about ethics, more than anything.

I had a set of B&W 801 Anniversary edition speakers.
Great physical shape, with no problems. Used for about a year, I had been running them with a McIntosh MC-352, a Citation Audio 7.1, and until they sold last week, a Jeff Rowland Model 7. They had performed flawlessly the entire time.

I bought them from the original owner, a person (a local dentist) that replaced them with Wilson Slams.

Anyway, he informed me that he had to have the dealer replace a sub driver when one blew in 1994/5. No problem, I suppose that happens, althought I have not experienced this situation.

Someone locally wanted to buy the speakers, and I told them to come look, and listen. He refused to make the drive (an hour, tops) from San Jose to Orinda, DOT. He didn't have a car, then the car he did have was broken down, then he didn't have time, etc. Since I didn't want to lift them by myself, I would not deliver them, which for something lighter, I would no problem. An hour seemed like nothing to insure your $2,500 investment, right?

He wanted me to have a company ship them, so I did. They picked them up, and drove them to SJ. Like any other transaction, I was prepaid, $2,500. Fair for the speakers, with stands, both in great shape.

He called me the NEXT day and told me the speakers were blown, the subs. He said it was blown and there was no way for me to know, it was so minor and that he pushed it over the edge, or some garbage like this. He has a Krell KAS amp (a large amp he explained). When he removed the drivers, he said one was not even the matching driver. I had the grills on the entire time, and have NEVER had a problem with the drivers at all.

The speakers worked fine for a year here, and they worked when he got them. Granted, the different driver thing seems wrong, but, the question is this:

He has asked me to either cover the cost of new drivers or return the speakers for a full refund.

I know what my thoughts are, what are yours?

Trying to be the honest individual I am,
Dan
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bbtuna
96 posts
 
I like the bill of sale idea, I will have to take that into consideration for the future. This is good for both parties since you know when the deal begins and ends. Even if you are not selling, it would be a good idea. Porshecab should probably do the same to close this deal out either way he goes so he has proof of a closed deal.

cd
unsound
7,318 posts
 
How about sharing the name of the dealer who did such a shabby job replacing the woofer in the first place. As they were not DOA, it seems to me that this flim flam procedure is the root of your problem. With out this obvious inconsistentcy there would be no issue with perceived deceit. I personally believe you to be sincere. However, if I were the buyer and the item failed shortly (next day!) after purchase only to discover the specific fault was with parts that were other than I what I was sold, I would be most skeptical. As you were told that a replacement was installed at your time of purchase, perhaps a close inspection was in order. Did you relay this information to your buyer prior to sale? If so, then it's a moot point , he knew there were risks involved. If not, the I feel the honorable thing to do is either pay to bring them to spec or have him return the speakers for a full refund.
unsound
7,318 posts
 
The more I think of it, the idea that both woofers were blown after you sent them out in good working condition is incredulous. The replacement of the inappropriate woofer is appropriate compensation. Shame on the dealer!
genesis168's avatar
genesis168
409 posts
 
Dan tell him to ship the drivers back to you so you can inspect them. If they are indeed blown, you should replace them.

Sounds funny that both drivers blew at the same time. Bring them back to a speaker repair place or to B&W and they'll tell you exactly how they were blown.

If it was a misuse on his part, you should NOT pay for the repair.
02pete
59 posts
 
I am somewhat skeptical about the accuracy of your purchaser's claims that the subs are blown and one is mismatched, and about his request to you for cash compensation. As a safeguard against the possibility of an unjustified request for compensation, you might consider offering the following alternative approach. You and the purchaser could identify and agree upon a factory-authorized repair center within reasonable driving distance. He could deliver or ship the speakers to that repair center. If they examined the speakers, and found them to be damaged or mismatched as claimed, you would pay the factory-authorized center for the repairs, rather than making direct cash payment to your purchaser. If, however, he refused to have the speakers subjected to an independent inspection by an objective third party such as a factory-authorized repair center, or if they inspected the speakers and found them to be undamaged, properly matched, or damaged by abuse, then you would have a reasonable basis for declining to meet his demand for compensation, based on his unwillingness to submit his claims to third-party evaluation or upon the independently determined lack of justification for his demands. Selecting a mutually acceptable factory-authorized repair center would protect both of your interests, by assuring each of you that the third party making the determination was honest and unbiased. Whatever you decide to do, I wish you good luck -- this doesn't sound like a very happy situation.
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