Buy/Selling "new-in-box" items

I have noticed a lot of "new in box, never-opened" items in the Audiogon classified ads. Most of the time they are not eligible for a manufacturer's warranty, except for a few companies that allow for transferable warranties.

Do these items have some sort of implied no-lemon policy? It seems different than buying a used item. With the used item, the seller can at least test the item, or in the case that the seller has been using the item in his or her own system, they can attest to its reliability and working-order.

With a new-in-box item with no warranty, the buyer seems to be taking a bigger risk in getting an item that has not been tested. Most electronics, if they are going to fail, fail right at the beginning of their use, and I would hate to get a new-in-box item and have it be a lemon.

Or by describing an item as new-in-box, is the seller implying that the item works and if it fails in the first week of use a refund is in order?
I would assume nothing in our current world, ask lots of questions, get anything implied in writing, pay with a credit card, and use Paypal. Those are the ways to protect yourself. Also of course, that is what the feedback mechanism here if for. You can also google the person's name and type in the word scam and see what happens.

I once bought something from a manufacturer in Canada who makes a highly regarded SET amp and Highly efficient speakers, who basically lied to me about the condition, and he would not let me use paypal and insisted on Bank Transfer. Looking back, I see why he did this as I would then have no recourse. However, if I had googled his name with the word scam, I would have found out that he had done this before!

Having said that I have bought from others who wanted me to send a check, and they were so trust worthy that they sent the item before they even received the check!

In Summary, talk to the person, get their full name and address, see if they sound reliable and use a Credit Card via Paypal.

Good Luck!
Yes, If you are willing to buy someones merchandise "New" or otherwise I say that you are in the drivers seat. Let them know your concerns and ask as many questions as you feel you need to. It is your money! If the buyer is not interested in your need for protection and will not provide a method for return then screw them.

Equipment comes up all the time and it is not worth you losing sleep over it. In todays economy a willing buyer with money to spend is a valued commodity.

Personally, as a buyer or a seller I always make sure to have a least three or four communications during a transaction.

Good luck in your future dealings!
As mentioned, best to use the PayPal payment system. If the seller will not absorb the fee, of split it, quickly move on.