wanna know my right

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!