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
Issues on both sides.  Buyer should have asked more questions before purchase.  Seller was obligated to honor a stated 30 day return policy.   Publication of this policy (website, in ads, in correspondence) by the seller essentially negates the "hidden agon tab".  IE seller explicitly stated their policy is different than the agon baseline.  Seller should have reversed the sale upon notice from the buyer. 

Is a seller obligated to disclose previous repairs/service etc ?   Personally I believe a seller is obligated.  However the question is ethical rather than legal.  When selling a house, the seller is legally obligated to disclose issues that may be detrimental (damage, latent issues etc).  When selling a car, it is incumbent on the buyer to uncover all issues before the purchase.

Personally, I have purchased "refurbished" items and have enjoyed excellent performance.  I like "refurbished" as it means the item was not only serviced, any deficiencies were corrected, and the item was fully tested to ensure it met published specifications.   In some cases "refurbished" results in a component in better condition than one purchased as new retail stock.  And all is done with full disclosure.

Someone here (or collectively we) should write a list of good questions to ask before purchasing a used piece of equipment.

It would be very helpful to many on this site.

I wish I had that list when I started making purchases. The first few audio purchases are usually clouded with gear lust and a false sense that someone else might buy it if you don't act quickly.
Another small note: I've usually discovered some history of repair when the item price is a little "too good to be true". Seller's conscience usually expresses itself in a drop in asking price, after which they feel relieved of their responsibility to disclose (as its already factored into price). So I would definitely ask that question if a price is just too enticing.



itsjustme
I'm missing something. what problem did the service cause?

A crack in the time warp continuum. No big deal.
I'll post one data point.  I still support products that i designed 20-30 years ago.  When they come in, which is amazingly rare, they typically go out not only "fixed" (if broken) but with little improvements or preventative mods that i l;earned in the intervening decades.  Certainly tested and biased, etc. Florida? Bias it low.  Alaska, turn up that current.  total audioholic? turn it up regardless. :-)
So,depending on what it was, why it needed services, and who performed the work, it might be a very good thing.  or it might be monkey day at the zoo...
Knowing if something has been serviced would mean a lot to me.  It would indicate there was something wrong with it.  Too many if's for me.  I would never ever buy used gear.  I would also never buy a used car.  I always wonder why are they selling it?  There must be something wrong with it or it just doesn't sound good.  I like the warranties that come from buying brand new.  I might buy a used Vanderstein that retailed for $200,000 through a dealer who warrantied it for plenty of time.  Here too, why are they getting rid of them?  Why didn't they like them?  
The obvious question to me is this.  Did the OP disclose that the unit he traded was not working properly?  Does anyone else see the irony that after the dealer repaired it, OP wants it back?  Is this a case of what goes around comes around?  

Maybe be I misunderstood, but everyone seems to be missing the fact that the trade in equipment needed repair. 
@larry sometimes we just trade for something different. Just because I sell a car does not mean that there’s something wrong with it. Same with stereo stuff. I’ve traded, bought and sold plenty of stuff, and never once sold something that was in need of repair.