wanna know my right

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!

Ken- sorry to say that Sc is correct as usual. Happy Holidays.

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.

agreed, the dealer has done his/her part, was there a misunderstanding?

Have you asked for the upgrade? They seem like nice people. Maybe you can come to some arrangment.