What responsibility does a seller have to tell a customer an item has been serviced?

A few months ago I bought an expensive pre-amp from a dealer here on audiogon. This is a long time known dealer with an 100% approval rating.

I went to his home to listen to it and there was one quirk about the design I didn't like about it but I thought I could live with it. I had spent so much time and effort to get it. A pretty long drive. When I brought it home and within 24 hours by the afternoon of the next day I realized I couldn't live with it I called him to return it. 
He didn't want to take it back. On his website he has a 30 day return policy. Unfortunately not being an experienced buyer I did not know there is a hidden tab on audiogon saying no returns. Why is this not stated on the main page?!

I was furious and he said he would take it back if I forced him to but he already had another buyer for it. I felt bad and there was a (hidden) no return policy so I let it go.
I had given to him two excellent pieces, the pre and an integrated, and cash for it so I lost quite a bit of money on the deal. I'm obviously not an experienced savvy customer.
I asked him to just give me the pre back for the piece he sold me and keep the rest but no deal. And he told me the pre I gave him in perfect condition, the one I wanted back, wasn't working so he had to send it in for repair. But I shouldn't worry about it. What?!!! I drove it to him I didn't ship it! And why shouldn't I worry that I gave him a non working component when I told him it was in perfect condition?!

Then about a month later I saw he had it listed for sale. This was about 2 AM and I immediately wrote him asking for it in exchange for the item I bought being that the sale he had fell through. Early the next morning hours later he told me it was sold and he had taken it down.

He did list my item he sold to me on audiogon for a couple of months at his expense but no sale. I finally at an extreme loss as I said was able to use it for credit towards another item being sold by another audiogon dealer. This dealer told me he spoke with the American distributor of the brand who told him the first dealer had sent it to him for repair. This was not told to me. Of course I was outraged. But I hadn't asked. If I had known I would never have bought it.

So this is my question: What obligation does a seller on audiogon have to tell a client an item has been serviced if a dumb customer doesn't ask?

Still burned by the loss of so much money and the jerking around and what seems to be a couple of lies.


Showing 3 responses by lou_setriodes

I agree with Elizabeth; you even mention this morning that, "There was no problem with unit operation" - so just move on.  Sell the unit if you don't like it and chalk it up to lesson learned.

We've all made hasty decisions, those of us who have been in this hobby for a long time.  I still may make a hasty decision or two myself if I see something that comes up that looks interesting that I want - live with it and look for the silver lining in it.... I'll bet you can make a trade for it if you can't sell it.

I might want to trade you for it - What is IT?
The dealer sounds like a BS'er.  Personally, I wouldnt want to do business again with someone who gave me that kind of story.  You made the original deal in haste, of which you realize, but the rest of the dealers reactions seem off base... yes, why make up stories, why just not be truthful?  I wouldn't deal with him any more.
No, you ask questions next time around !!!  Caveat Emptor!  Before you drive all the way there, and trade him 2 of your units + cash for his unit, you ask questions, you find out about the gear you are acquiring!  Please stop driveling on about this situation!