2. home-theater
  3. 1008884075

wanna know my right

I bought a used pre/pro from a dealer based on the fact that the unit has been factory upgraded for dts, I was told. After taking it home, I learned that the dts was not upgraded. I brought it back to the dealer, and they verified my claim that the unit does not have dts upgrade. They offered me a full refund. The dealer was at least honest.

However, I wonder if I have some right to have them dts-upgrade the unit. I spent one day listening to that unit and finally liked it. I went through a very hard decision to buy it (the unit was not cheap to my standard). I want the unit with upgrade as the original deal. Not the refund with my day/mood wasted. Am I asking too much ?

Ken
kslim
sc53
719 posts
 
Yes, you only have the right to rescind the deal and get your money back. You can't force them to upgrade the unit for the same price!
swampwalker's avatar
swampwalker
5,138 posts
 
Ken- sorry to say that Sc is correct as usual. Happy Holidays.
craigklomparens
34 posts
 
How much is your mood worth? Maybe we can sue for emotional damages. Are you keeping down solid food yet?

I admit that I have not cracked the books on this one and that I do not even know the state ( I'm not taking emotional state/mood here, I mean the state (Alabama, Newyork))that you are in. State law controls commercial transactions.

Generally speaking you have the right to be made "whole" which would mean that you have the right to your bargain. That is, the upgraded version. You have two problems (at least).

1) In accepting the refund it seems you have reached a settlement which, of course, is allowed between parties. Settlements are often made in lieu of suits and it seems to me that you have made one.

2) The cost of enforcing your right will be greater than the cost of the upgrade and you do not have the right to collect the cost and attorney fees you will incur in enforcing your action. You may have a small claims court in your state in which case you can present your story to a judge yourself, but it is still probably more trouble than it is worth.

Conclusion: Technically, at law you have the right to the "benefit of the bargain" but practically you may have forfeited it in taking the refund and the cost or trouble of going forward seems to make it impractical.

Audio Attorney at large.
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