Legal Question in Consumer Law in Massachusetts

Defective T.V.. purchased.

We bought a 53'' t.v. at a well known store in Sept of 02'. The t.v. has had problems since the first day and has been repaired 8 times for the same problem. The store has finally said it can no longer repair it and to exchange it. But they want me to settle for a smaller screen plus pay more money because the t.v. was bought as an open box purchase. However it states on the reciept and the price tag that a full manufacturers warranty is in effect for 12 months following purchase. Do I have the legal right to insist on being exchanged a comprable 53'' t.v. or do I have to settle for one that is around the price I paid for the original open box purchase? There are a tremendous amount of details in this I won't go into because it says to keep it short.


Asked on 6/11/03, 6:31 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Defective T.V.. purchased.

You can continue to negotiate until you reach an impasse. You could then try the TV consumer reporters. If no satisfaction, you may send a c. 93A (MA Consumer Protection Law) demand letter to store and manufacturer. They have 30 days to respond with a reasonable offer in settlement (of course they could say that their current offer is reasonable and a court could agree). have you checked with the manufacturer's warranty office. Generally advice is available on the internet at the company's website. You can go to to small claims court and ask for mediation. All of this takes time-you have to evaluate the benefit of taking less against the time involved in pursuing full compensation.

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Answered on 6/12/03, 1:06 pm


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