Problem: Buyer reports problem with purchase
11-26-2007: Gwink3 initiated process
11-27-2007: Jaymark submitted response
Gwink3 describes the events as follows:
On Sunday, November 25th, I agreed to meet the seller to purchase a NAD 325BEE that he listed on this site. His ad (listing 1199631273) stated that he had "purchased it at Audio Advisor which was still selling it for $440". One of the key features of this integrated amp is the inclusion of a system remote control (NAD sr5). In the ad, the seller did indicate that it did not include the original box or manual.
When we met to consumate the purchase, I realized after I got to my car the he failed to give me the remote control. I immediately called him and he stated he never used remote controls and wasn't sure it even came with one. I told him I had just purchased one for a friend the day before and knew it included one. When I got home I emailed him the NAD ad on Audio Advisor which clearly states the remote comes with the $440 purchase. He told he would look for it and get back to me.
After emailing me that he couldn't find it, the seller told me his ad definitely stated no remote was included. I sent him his ad, which is still on line. He then stated that he had checked that box when he created the ad and Audiogon failed to print it in his ad. After trading emails, he changes that to "well my ad never mentioned that the remote was included".
I know what comes with the purchase of this amp. An amp, a remote, the manual and a box. His ad stated that the original box and manual weren't included. I thinks it's therefore logical to assume that the amp and remote were part of the sale. He was asking $305 which included shipping and insurance. We agree on $275 because I picked it up. Had his ad stated no box, manual or remote, I never would have agreed to this price (one just sold for $250 with the original box, manual and remote).
He did offer to return my money, however, I've already incurred the price of traveling to his location to purchase it. After further discussion, he did offer to pay half of the $52 cost of replacing the remote. He continues to hold me partly accountable for the "miscommunication". I can't accept that. I did nothing wrong. I've offered to order the replacement remote and pay for shipping, I think that's fair. I end up paying $285 for what I reasonably expected to get for $275. All I want is what I paid for.
Gwink3 is requesting the following resultion:
Either the original remote or the cost of a replacement, which is $52. I'll order it and handle any tax and shipping costs just to get this over with.
Jaymark describes the events as follows:
First, my ad never mentioned the remote one way or the other. I did check it on the box when I posted the ad but it did not show up on the listing so the buyer couldn't see it. When I couldn't find the remote after looking i offered to give him his money back - all he had to dowas return the integrated amplifier because he was emailing me and telling me how important it was to him to have the remote and I did not have it. I next proposed to pay for half of the remote and he could keep the integrated amp. That was 26 dollars. He became more indignant with each email, was unwilling to compromise any, so I left it at that.
I don't feel compelled to simply take his only suggestion and pay him for the remote. I'd simply rather give him his money back and get the integrated amp back from him. he made the assumption about the remote, not me.
Jaymark's proposed resolution:
Give him his cash back and get the amplifier returned to me. If he wishes to keep it I have offered to pay for one-half of the remote, 26 dollars. This is what I offered him sequentially over the course of the day today.
Gwink3's rebuttal:
If he did in fact check the box for no remote the only miscommunication was between the seller and Audiogon. He continues to use that term to explain what happened. He quoted a value of $440 in his ad. That implies that a $52 remote control is included. The true value of what I bid on was $380 (I just ordered the replacement for $60 with shipping). I'm not interested in driving accross town to meet someone who's tried to intimidate me with his "MD" title. I already did that. I met the terms of the sale. He didn't. As I mentioned above, this is the 3rd spin he's put on this. Someone made a mistake. The price he got was very reasonable for the amp and remote. As for indignation, all I've ever said is I want the used remote or the replacement cost. I think that's fair. I won't accept his terms because I did nothing wrong.
As of 01-11-2008, Audiogon is requesting input from members regarding this dispute. |
