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?
atwatervillagelawyer
I agree with the majority view here - price is immaterial. The seller made a representation that the unit worked for him.  It worked for you when it arrived as well as for a couple of weeks afterward. In the absence of an express warranty agreed to between buyer and seller, the seller has fulfilled his obligations and has no further obligation unless the jurisdiction(s) involved have statute law that imposes a greater duty on a seller.

If the seller had concealed a known (to him) condition that the unit worked sporadically it would be very different, but that would be hard to prove.

All audio gear is subject to failure sooner or later. Too bad for you that it was sooner, but as long as the item was represented to you correctly, I don't think you'd have any expectation of redress.

OTOH, if I was on the seller's end of such a deal and the gear went wrong, I would certainly cooperate with the buyer in making a warranty claim as the original owner if that was required (in your case it is not).

And I hold these opinions not as a hobbyist/layman, but as another lawyer, though in a different jurisdiction than yours.
It is a real bummer when this happens (breaks soon after receiving it). I think you are lucky that it will be repaired, no charge.
If I were the seller, completely unaware of any problems, sold it. I would not accept a return.
 Simply because it worked perfectly when I sold it. It could've been tossed around when shipped, buyer may have screwed something up...
 It's too bad this happened, but, the seller isn't responsible from what you have stated.
Wow. Life happens and not always the way we intend.
You bought a lemon. Way less of a problem than so many out there today are facing. And you have an out. You get to make lemonade out of those lemons, you have a valid warranty. Get it fixed and move on.
Grasshopper, your answer(s) lie in Karl's Crazy Code, as amended.
Have you asked the seller to approach the dealer he bought it from, since it's still under warranty maybe they would be willing to replace it and deal with the manufacturer.