Re: [MV] COMMON SENSE

From: Bruce Kalin (pball@csionline.net)
Date: Wed Aug 06 2003 - 20:42:04 PDT


Hi Glen,

Your point is well taken in that, most important to the buyer is the
seller being truthful. This can even be taken as the seller being
deceitful, simply by failing to divulge a known defect in the item. The
simplest way around this is being as complete and truthful in your
description up front, and adding the usual disclaimer of, "as is" sale.
As Gene pointed out, this really shouldn't be necessary though, as any
reasonable buyer of used equipment (this includes NOS) should understand
that it may have been perfect at one time, but there is little recourse
unless the seller specifically states there is. Some sellers will take
returns under certain circumstances, or try to make repairs on some
items if possible, but this should be understood as the exception and
not the rule.

I am curious as to how a buyer would react if the radio worked 100% when
it arrived, and the next day it stopped working. Would you feel that the
seller should make good - after all you didn't even get any use out of
it? Should he guarantee that it will work for a specific period of time
or, would you feel that he was honest in that it worked when it arrived,
and that you were just unlucky that it stopped working so soon after it
arrived?
Bruce

Glen Closson wrote:

>To me, it depends on how the item is/was presented.
>
>I bought a radio that I was told worked 100%. I trusted the person and the
>radio would not transmit and he would not fix it. So far as I'm concerned,
>the person is a dirt bag for lying. If he had said "As-is" or "I don't know
>if it works", and it ended up not working, I would be disappointed, but not
>upset. And I would not think of the person as pond scum.
>
>-Glen
>
>
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-- 
Bruce Kalin (East Coast Convoy Coordinator)
The Largest Historic Military Vehicle Convoy in US History
http://www.trackpads.com/webs/bkalin/convoy.html
bkalin@trackpads.com                                             



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