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
Ag insider logo xs@2xporschecab
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.
it doesn't matter why how they were blown, just that they were NOT blown at the sellers house. this is a buyer issue
Yeah, I am leaning towards the buyer beware side more than not. The part I find amazing so, it not that drivers are different, although that is odd, but that I had them for over a year with NO problems, and within 1/2 day, he has issues with them?

I am considering a $200 good faith gesture, with all in writing up front.

Not the best situation, but this is how I am leaning.

I thought that 99% of the time speakers are blown from distortion, not power as he has stated.

Dan
I would tend to agree with 02pete. If I shipped them out working, I would want to KNOW that they were blown, and not from abuse, before I paid for a repair. Assumming that they are, in fact, blown, not abused, I would pay for 50% of repair, since you delivered them in working order. BTW, does this guy have any feedback by which you can verify his bona-fides. Since its only an hour away, at a bare minimum, I would insist on a physical inspection. Tell him to bring them back if he wants any compensation. Even if he bought them new at retail, he would have to deliver them to the dealer or repair station at his expense, for a warranty repair. I agree with doing the right thing, but in this case, it seems like the ONLY thing you have any moral or legal obligation to make right is the mismatched woofer, and even then, only in the event a qualified tech determines it was not abused. Just my $0.02.
the drivers were good when they left Porshecab's house. They were not damaged in shipment or there would be a shipping claim. They must have worked long enough at the other end for the buyer to note they went from working to blown. This is a buyer issue not a seller issue. He did something to blow them... too much power, too little power, bad ohm match, or distortion...anyway you add it up the buyer blew the drivers not the seller. the seller owes the buyer NOTHING.

The fact that one driver wasn't matched is irrelevant to the blown driver issue. The different drivers certainly did not contribute to the issue. The driver was changed by an authorized dealer...the fact that it is not a match is irrelevant again because the authorized dealer brought them back to spec. Now we picky philes feel everything should be just so but Porshecab sold in good faith and owes the buyer NOTHING.

An extremely generous offer is to pay for 1 driver or 1/2 of 1 driver. Really I don't think Porshecab owes him anything and the guy is trying to make something out of nothing because he knows he screwed himself when he blew the drivers on the used speakers he just bought.

cd