Audiogon Ethics

jax - I'm not an attorney, but I do believe that not knowing about and not disclosing a serious flaw with the item you're selling, especially one that would effect its safety or operation is still fraud. From what I understand, consumer laws are set up to protect buyers from having to ask, and sellers having to answer a thousand discrete questions about an item just to assure themselves that the equipment is in the condition advertised. I believe that this comes under the heading of transacting in good faith.

Thanks to all of you who have responded to my query. I have taken the advise of some of you and emailed the seller directly who, in his response, claimed that it was not the unit I sold him, but rather one he was selling for a friend. Still, not what the ad said, but I think that the more general question about honesty merits a discussion on this list. I agree that the audiogon market, like the market in general, is about willingness to pay and if buyer and seller agree on a price no one should criticize this. I also like the idea of posting serial numbers, since that would add some certainty to our transactions. Thanks again for all your responses.

Kjg: Well, I are an attorney and in my state fraud requires an intent to mislead. If you do know about a flaw you cannot be charged w/ intentionally misleadin someone about it. In some instances, if there were representations that all was well with the item, it could be a breach of contract.

Most consumer laws apply only to commercial sellers and not private parties. Remember ... buyer beware. If all you have is phone conversations it makes it hard to prove that it was not an "as is" buy.

One thing I do on the web is I e-mail the seller with a few questions about the product. Basic stuff about its shape and performance, age, ect... I have several standard notes I use. That way, I have the response in writing. If a seller refuses to answer and will only talk on the phone I'm out of the transaction. This has killed one deal for me here at Agon and , indeed, I found that the product was a little fishy from another Agoner at a later date.

Sincerely, I remain

an attorney named clueless.... ya gotta love it! Thanks for having a sense of humor and not taking yourself tooooo seriously. We could all learn a lesson here. Thanks for making my day. - aj

It's a detective that has to be embarrassed about being Clueless, not an attorney.