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.

Looks like I sounded greedy,(maybe I was).

First of all, I did not take the refund. The day I brought the unit back to the dealer, instead of taking the refund, I asked them to see if they can upgrade it. They said they were going to look how much it would cost them to upgrade. 3 days later, I called them, and they said it is too costly for them to upgrade it, again offering take-it or refund. I did not hear any single appology from them, though that may not have to do with this deal.

I wanted the unit with upgrade, and was under perception that they are responsible for the upgrade because that was the a part of reason I made the original deal. Maybe I was wrong, and I am glad I asked people here. I am just gonna take the refund, and shop somewhere else even if I end up buying the same stuff. No I am not willing to pursue my right to the "benefit of bargain". Just want good sound asap :) Happy holidays.

PS: I still think they ought to upgrade the unit at their cost per my request.

Ken

kslim: your claim is quite likely barred by the precepts of "accord and satisfaction," "waiver and estoppel" and "novation," among others. there's a lesson to be learned here that i must teach 'most every day: ask for advice BEFORE you make a deal, not AFTER. -cfb

Your rights don't matter much, as they're hard to enforce. But if it were me, if I thought it was an honest mistake, I'd let it go. If not, I would probably tell the dealer that I thought he was intentionally misrepresenting the product and was going to inform the distributor or manufacturer -- distributors/manufacturers probably don't want dishonest dealers.

All told, sounds like fine advice. If it was an honest mistake (which it sounds like it might have been, after all, they tried and even looked into upgrading it for you), I'd take the refund and move on. If it wasn't, it's fraud. In the latter case, a well thought out and respectful letter to the manufacturer explaining the situation and your lack of satisfaction could, at the least, cause the dealer some headache and, depending on the manufacturer, might prompt them to step up and lend a hand. Don't count on it, though. It may very well turn out to be an exercise in spite, however artfully sugar-coated, which is likely not worth the further aggravation. I wouldn't suggest pursuing any legal remedies, especially if they are willing to simply refund you money, as unwinding the deal and setting the parties back to their pre-deal state is a perfectly viable remedy in most courts of law (though, as folks were very correct to point out, under various contract theories -- not to mention fraud, fraudulent inducement, and the like -- you are technically entitled to more). I wouldn't let it taint the hollidays for you.

Let it go and have a happy holiday!

Take the refund, assume it was an honest mistake. It is very difficult to find a good hi-fi store. Sounds like they have been resonable. A friend at the local hi-fi shop is much better than an enemy.