What say you: Is this fair, or AITA?


About 18 months ago, I listed some gear on this site. I paid the nominal insertion fee for the pay later option. However, I removed the listing after one day as I changed my mind and decided to keep the unit for a 2nd system.

 

About 13 months passed by and a fellow audiogon user reached out to me via this site’s private messaging system to see if I might be interested in selling the unit as he somehow found my expired/discontinued listing. By the way, I didn’t know expired listings were still searchable. I would have removed it.

 

I told this member unless he was really motivated - that I was holding on to the unit for a second system. While he was motivated, for a variety of good reasons, we didn’t transact. Nevertheless, we begin a friendship over the phone regarding our shared interest in audio. A few more months or so pass by and my 2nd system needs change so I ping him using the site’s messaging system. Of course, I recognize my mistake - I should have called him directly.

He still wants to buy it and I’m willing to sell it to him for well below my original listing price as we’ve formed a friendship, he’s taken a new job, I don’t need it, he’ll appreciate it, I won’t have the transaction fee applied, etc.

We agree to meet up at Axpona and exchange.

And, that’s when Audiogon hits me with a $275 transaction fee for the original listing amount (30% higher than I sold it for). I contact support to dispute - they hold firm. I, so far, have held firm in not paying the fee - though they’ve tried multiple times to charge my card without my authorization.

A couple of additional points I think worth noting.

I have successfully bought and sold quite a few pieces of gear on this site. They have, so far, earned several thousand dollars from me in transaction fees. I have a perfect record of feedback as well.

The site administrator’s position is that I should pay the fee since we met on this site and used their messaging system.

My position is that I paid an insertion fee and received an unsolicited request from a private party more than a year after I removed the listing. Audiogon did not help me market the unit. Nor did they help me in clearing the transaction, provide shipping support or any of the other related elements that are part of a normal transaction. Nor did I want that help.

Their fee is 30% higher than it would have been if I had gone through this site.

The site administrators have limited my activity here until I pay the fee. I can only post in the forums.

For me - It’s not the money but the principle of it which has left a bad taste in my mouth. I should also note that I have gone upstream considerably in the gear I now own. Future sales through Audiogon would be far more valuable to them than in the past. Indeed, I’ve recently sold several other pieces to/through the Music Room quite conveniently.

 

I fully understand they need to protect their business model. I’ve been a willing participant for years and have never blinked at paying their fees. However, this seems an overreach to me. But perhaps I’m seeing it incorrectly or unfairly. So, what say you a’goners? I won’t promise to pay the fee if that’s your consensus, but I’ll strongly consider it if you think I’m being an @$$.

mgrif104

Interesting story. I think you're in the right.

I prefer USAM. Less complicated, lower or no fees. 

Audiogon was the procuring cause.

That said, I think you might owe them something, but not as much as they requested, due to the passage of time.

@viridian 

the shipping support to which I refer is merely the calculators provided on the site and the printable shipping label. Not much, but I recognize the value.

Thanks all for the feedback so far. Hopefully more will chime in.

Sorry but something  sounds very fishy. On a final sale the seller sends an invoice with the final price and the shipping charge. How did you get billed if you did not complete that information? BTW, you do not get a refund for the original insertion fee!

@yogiboy  While we made most of the agreement over the phone, the site administrators read my private message to meet the other party at Axpona. They then used my original listing to invoice me for the transaction fee. I was as surprised as you.  

I did not ask for or receive a refund of the original insertion fee. 

 

I think you should pay the standard fee on the actual selling price...I sold a few pieces after listing ended, and always simply re-listed the item to simplify...

Audiogon did provide a service to you in the sense purchaser discovered you through the ad.

 

And how did you exchange phone numbers? No personal contact info through Audiogon messaging system.

I find it a little dishonest that they are reading your messages on an item over a year past the date you listed it. 

Just make the initial contact through their messaging system. Use “code” to exchange contact info then do the deal on your own. Easy peasy. 

Audiogon reads all private messages I've had plenty of totally innocuous messages discussing gear flagged in the past.

Interesting case.  Sounds sketchy on the site’s side.  Is there some agreement site users agree to that covers this?  If not then would seem reasonable to dispute the charge since it sounds like no financial transaction actually happened here.     The right way for the site  to address it if desired would be to include scenarios like this in a binding legal user agreement.

OP

It seems that you are both the seller and the arbitrator. 

With that being said, IMO the relevant facts seem to be:

  a. You initiated the offer on AG and paid the standard add fee.

  b. Item did not sell, and the add expired.

  c. ~1 year passed

  d. Buyer contacted you via AG and you exchanged phone numbers, etc.

  e. You agree to sell the item at  Axpona, outside's of AG purview.

  f. AG catches-wind of the sale bills you for more than their standard fees.

IMO - when you used the AG platform to exchange information with the prospective buyer, one year after the listing expired, the item was de facto relisted on AG: Their platform was used to forward the sale. 

If I were arbitrating, I would expect you to pay the STANDARD AG fee, and NOTHING MORE.  

Final consideration - does selling on AG in the future have value to you?

Sorry if this muddies the water...  It is a reassuring to know that you are seeking an ethical and fair resolution.

Best of luck with your decision.  

 

HO, if you paid the original insert fee without any refund (which may or not apply, I've no knowledge of that nor need to know) and the device sold for less than originally posted....and you can prove it in some fashion....I'd  be happy AG lets you post.  It's an annoyance that you can't PM 'out'......but is 'incoming' blocked as well?

Personally, I'm unlikely to B/S/T here due to the fees (which are posted and AG does deserve due to the 'support' offered) but 99% of the items are out of my budget nor desires...

If anyone wants to contact me 'elsewhere', it's up to them.
I'm astoundingly easy to find if anyone has paid any attention to the little 'breadcrumb' details I've blathered in the past x years.

One of which is I'm annoyingly cheapseats and proud of it.  *Bronx cheer*

Second is if you haven't paid enough attention to a very simple un-attempted 'smokescreen' that might be discerned in my nonsense....?!

You ought to apply to the Chumps' version of the CIA.

Way too easy to join the FBI in the too-near future.....Your lack of talent would be wasted....

NOTE!:

Please don't take the above personally, unless driven to bless my pointed little head. ;)

Dis-regards. J

...and if you can't read this fast enough before it may/may not be taken asunder....

U bee slow..

 

Your product was discovered on Audiogon and were introduced to the buyer through Audiogon.You would never have sold the item at Axpona without Audiogon. This is what they do.

Then you wanted to bypass them using their own forum. 

Call them and try to negotiate a lower fee. 

 

Awedeeoogone ITA

No further comment. Fear of  getting blacklisted from free participation on forums

 

mapman

... Is there some agreement site users agree to that covers this?  If not then would seem reasonable to dispute ...

+1 

I've never been a seller here, but I'm sure there's an agreement that covers the listing, and that's what should be relied on to resolve this dispute.

I think you should pay the fee based on the actual selling price and apologize to Audiogon for appearing to go around them. Basically I’m agreeing with the guy who pointed out that the eventual buyer contacted you because of your ad on Audiogon, you can’t get around that fact. I’m not sure what the terms are for listing an item on Audiogon, and whether the commission (or fee) is based on the list price or the actual selling price; but I feel it ought to be in the actual selling price. If their fee is base on the list price, then you will have to pay it for the honor of your name; but you need not use Audiogon for listing equipment for sale in the future. Be the bigger man and settle. Learn from your ‘mistakes.’

For me, the bigger question is, why the hell are they reading private messages unless there's someone being threatening or similar?

 

As for your issue, I'd do my best to not pay them a dime. Also, there's a limited audience here, but social media reaches a lot of people. Just sayin'.

If you discontinued the listing BEFORE the buyer contacted you, this is not an audiogon sale. You owe them nothing. You have not used their services, only partially.

I would compare it to a consignment story, you took it home from the store and sold it to someone who once saw it in the store. If the store wants your money, they should have sold it while they had it.

I'm not gong to comment I'm staying neutral.post as if the world is reading.enjoy the music and the stress.

Audiogon reads all private messages I’ve had plenty of totally innocuous messages discussing gear flagged in the past.

@jerryg123 used to send me obscene hate mail.  It didn’t bother me, but when I copied and pasted and posted some of it I guess it was bad enough that the mods deleted it.  I wonder if Audiogon read those when they were PMs?

It's audiogon's messaging system, so I would not call it private.

Yes, I believe they are actually DMs.

I am with the others.    The eventual buyer purchased the item from you because he see the item that YOU LISTED.   He scoured the internet and came across your original listing and contacted you.   If you had not listed it on Audiogon do you think the buyer would have ever made contact?  I would say no.   The bottom line is regardless of the amount of time that has passed the sale originated with the original listing on Audiogon.      I think the fees may be a bit out of line and perhaps you can negotiate a settlement with Audiogon.

@oldrooney has stated the diplomatic solution if the prowlers of the 'Gon Fiefdom will stick a bobby pin into the AIgorhythm of all and accept the actual price paid by the final owner.

The selling price ended up lower than originally stated.
The charge should, in fairness to both parties, is the one that works.

Both win, both lose....
Democracy 101

...at least, here?

I say PLEASE ignore those on here telling you to send in a check (or equivalent)…don’t pay them a dime.    

They’re just pissed you sold it a year after it was removed and/or it expired…they didn’t even ask you for the selling price, they just blindly tried to charge you based on the listed ask price from a year ago.   SMH.  

Sorry to hear about your experience.  Unfortunate that they won’t agree to their fee based on your actual price sold.  Their policy is very clear as you know.  You communicated and connected through their site so they do get a fee but I see your point.  I’ve paid for listings but never sold on the site.  I’ve had a more successful experience with US Audio Mart but they have their rules too.  The only place I’ve sold gear that’s fee free is Marketplace but there are so many other headaches with that site that you pay in aggravation.