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.

roxy1927

Showing 1 response by snapsc

If you look back at Audiogon's listing content from their "Seller's Description" it is pretty clear that Audiogon expects that the seller will provide an honest and accurate description of the unit's condition and working status.  It does not require that a seller reveal if the unit has been serviced...but certainly a buyer could ask and if the answer is yes, then could further ask for a receipt.

Here is a question:  Would you feel better knowing that an item has been serviced and you were provided a receipt...or would you now feel like...wow, I wonder what is going to break next??

From Audiogon"
Listing Content Title

The title is what will drive users to click on your listing, and is created from supplying the brand and model of your item, but you are able to add distinguishing, relevant information at the end. Relevant Details To Include In Listing Title

  • Free Shipping
  • Item Condition
    • Demo Unit
    • Factory Re-Certified
  • One-Owner
  • Limited Edition
  • Colorway/Wood Finish
  • Tweaks/Upgrades
Condition

Use the official Audiogon Grading Scale for consistent grading compared to other users.

  • New: Unopened Factory shipment
  • 10/10: Mint - Essentially never used, factory fresh appearance!
  • 9/10: Excellent - Perfect physical condition, light use.
  • 8/10: Very Good - Perfect front face, 1 minor flaw on top or side is acceptable.
  • 7/10: Good - 1 or 2 minor scratches, looks used but well maintained.
  • 6/10: Fair - 3 to 4 minor scratches, or 1 major scratch, appears used.
  • 5/10: Average - Multiple scratches, including some on the front face.
  • 4/10: Mediocre - Rough physical condition, but all funtions work perfectly.
  • 3/10: Poor - Rather beat up, but all functions work, maybe a knob is missing.
  • 2/10: Very Poor - Beat up, bent knobs or switch levers, some functional problems
  • 1/10: Shot - For parts use only


So....it looks like unless an item is rated a 1...it is expected to work.

Therefore, if you make a purchase and the item doesn't work, report the problem immediately....and if you just don't like how the item performs....tough luck, put it back up for resale.