What is the right thing here................


Thanks for pitching in.

I have been buying, selling, and upgrading for about 2 years now. I have done so with very few issues, although, tough for anyone to say no issues. This deal was not made from AudioGon, but I would like your years of experience as help.

This problem is about ethics, more than anything.

I had a set of B&W 801 Anniversary edition speakers.
Great physical shape, with no problems. Used for about a year, I had been running them with a McIntosh MC-352, a Citation Audio 7.1, and until they sold last week, a Jeff Rowland Model 7. They had performed flawlessly the entire time.

I bought them from the original owner, a person (a local dentist) that replaced them with Wilson Slams.

Anyway, he informed me that he had to have the dealer replace a sub driver when one blew in 1994/5. No problem, I suppose that happens, althought I have not experienced this situation.

Someone locally wanted to buy the speakers, and I told them to come look, and listen. He refused to make the drive (an hour, tops) from San Jose to Orinda, DOT. He didn't have a car, then the car he did have was broken down, then he didn't have time, etc. Since I didn't want to lift them by myself, I would not deliver them, which for something lighter, I would no problem. An hour seemed like nothing to insure your $2,500 investment, right?

He wanted me to have a company ship them, so I did. They picked them up, and drove them to SJ. Like any other transaction, I was prepaid, $2,500. Fair for the speakers, with stands, both in great shape.

He called me the NEXT day and told me the speakers were blown, the subs. He said it was blown and there was no way for me to know, it was so minor and that he pushed it over the edge, or some garbage like this. He has a Krell KAS amp (a large amp he explained). When he removed the drivers, he said one was not even the matching driver. I had the grills on the entire time, and have NEVER had a problem with the drivers at all.

The speakers worked fine for a year here, and they worked when he got them. Granted, the different driver thing seems wrong, but, the question is this:

He has asked me to either cover the cost of new drivers or return the speakers for a full refund.

I know what my thoughts are, what are yours?

Trying to be the honest individual I am,
Dan
porschecab

Showing 1 response by danheather

Porschecab...I would make the drive and investigate further before ANY offer of reimbursement. As you pointed out, this whole transaction sounded shady from the beginning. How do you even know if the drivers are truly mis-matched? Because he told you they are??

To blow one woofer on speakers of this caliber is suspect...but BOTH of them? Mild clipping would have been very audible and should have alerted this clown that perhaps he should turn down the volume. I'm no expert, but I sincerely doubt that anything short of full-bore, heavily distorted clipping could have caused this damage. In addition, I was always under the impression that the tweeters are the most susceptible to damage under such circumstances, no?? I can't imagine what kind of abuse he must have subjected these speakers to in order to have this happen (if indeed it happened at all).

My guess is that this guy wanted to "crank" up his cool new speakers and see how loud they can go. This is like an inexperienced driver getting behind the wheel of a high performance car (Porsche 911 - Cabriolet?) and then, as a result of his poor driving skills, wrapping it around a tree. Then, because he has to blame somebody, asks the seller to pay his deductible because one of the rear tires was a Pirelli and the other a Dunlop. C'mon! Why can't people take personal responsibility for their actions? He blew it (no pun intended) and now he's looking to lay blame.

Some have suggested that you take the speakers back. I wouldn't touch them if I were you. Whatever he did to blow them certainly couldn't have been good for the rest of the drivers and only further complicates the prospect of re-selling them. He bought them...they're his!

I would inform the buyer that in order to consider reparations, you will need to either inspect them personally, or (as Pete02 suggested) have them inspected by an agreed upon 3rd party. In either case, be very clear that there is to be NO refund of any sort - this will keep the resolution path very clear. Your only intent will be to determine the nature of the problem and, IF APPROPRIATE, make a monetary adjustment according to your findings. Also, if he decides to have them inspected by a 3rd party, he will be responsible for their tranportation to the repair shop. Don't offer assistance. It's HIS responsibility.

My guess is that he definitely won't agree to letting you come to his home for inspection and will very likely come up with a litany of excuses for his inability to get them to the repair facility. BTW - I would insist the the entire speaker be taken to the repair shop, not just the "blown" drivers.

I undertand that you want to do the right thing here, but you also need to protect yourself from being taken advantage of.