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Seller Ethics Question

Posted: Thu Aug 05, 2010 7:13 pm
by N4MB
I recently ran an ad here seeking a used tower. I was contacted by a seller who offered a specific model of tower for sale.

I travelled 100 miles visited the tower at a different place than the seller, measured it carefully and made the seller an offer on the tower. I asked for the paperwork on the tower - it wasn't available at the time. There was no data plate identifying the tower model number.

We agreed on a price and that the seller would meet me half way, literally, to give me the base for the tower and a rotor that was part of the deal - I sent the seller a check, the check cleared, I've made arrangements to pick up the tower as I committed to do and I sent the tower manufacturer money for engineering services to get a certified set of plans.

The seller found the paperwork and sent it to me - it turns out that the model is NOT what was offered and sold and that there are minor differences in the tower sold vs. what was offered that affect wind load and that, technically, the engineering documents that I paid for aren't valid.

I haven't picked the tower up - the seller hasn't responded to my request to meet me to get the base and rotor.

So, what should I do? I'm inclined to ask for money back, eat the engineering charges and post bad feedback if it isn't forthcoming, but the nice guy within me believes that the seller just made a mistake.

(Have I mentioned that I HATE confrontation?)

Or should I simply put the tower up with the certification that I have and go off and be happy?

I'd appreciate your opinion!

Mickey, N4MB

Go get the tower...

Posted: Thu Aug 05, 2010 8:34 pm
by K4ICL
Mickey:

Since you personally inspected the tower prior to making the deal and found it to be satisfactory as seen you are in a "you get what you see" situation. The seller, even though he made a mistake in the model, could ask why didn't you check the exact engineering specs PRIOR to agreeing to the deal. You noted you did not find a model ID plate on the tower and still agreed to buy it without confirming the model number.

The loss of resources for engineering document is irrelevant. You should have done that research before agreeing to buy the tower.

Go pick up the tower and thank the seller for finding the correct paper work for you. Then enjoy it! After all the differences between what you will get and what you thought you were getting are minor, according to your own description.

Cheers,

AL
K4ICL

Posted: Fri Aug 06, 2010 5:41 pm
by N4MB
Good comments, Al, I tend to agree with you. I have a habit of expecting the best from people, which has disappointed me at times, but I think it is the right thing to continue to do. You may note that I haven't identified specifics who would cast any shadow on the seller's reputation - yet.

The reason that I didn't check the engineering spec's upon inspection was that I took the seller at his word that this is a model "X" tower. I did, however, measure the dimensions of the tower and inspect it for damage and corrosion. The dimensions were a match, the tower is clean and I made an offer considering the fact that I need to replace the winch motor and probably rebuild the worm gear box.

The differences are cosmetically minor, but quantitatively, wind load capacity is significantly lower due to steel usage and welding differences. The model number that is actually assigned to this tower isn't common and is quite old.

The fact that the seller isn't responding to requests to meet me, as he promised, to deliver the base and rotor is concerning me. The tower is at a third party's place who is responsive and wants to get rid of the tower, but emails and phone calls to the seller have gone unanswered.

I'm going to give the seller another week to contact me - then I'll have to change my assumptions that this was an innocent mistake and proceed accordingly.