Legal Question in Consumer Law in Pennsylvania

Old laptop in factory sealed box

I bought (what I assumed was) a Presario 1205US at BestBuy a few days ago. Upon getting home and opening the box, I discovered that the laptop inside was not a 1205US, but what appeared to be a factory refurbished 1200xl. I returned to

BestBuy to find that they do not take back items that left the store in a factory sealed box, I verified with their HQ that this is their policy to protect against people swapping out a good laptop with an old one and pulling a fast one on them. The manager told me I would have to resolve the issue through Compaq. The box has a lot of numbers on it, and I'm hoping Compaq can verify in the shipping records how I ended up with a 4 year old laptop in a new box and we can get it replaced with the correct model.

I am supposed to get a call from a Compaq ''Case Manager'' this weekend, however considering the response I've been getting thus far I have my doubts as to if they will actually be an honest company and take the time to dig through their records and make good on their sales. What can I do if they say �sorry we can�t help you� ?


Asked on 2/15/03, 2:00 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Old laptop in factory sealed box

Often, a store's return policy is more generous than the law requires. FOr example, assuming a straight-up sale of merchandise, i.e., no "satisfaction guaranteed" clause, a store has no obligation to take back an item because the customer changed their mind, or didn't like the color, or whatever. But most stores do, as a matter of good will.

Best Buy's policy is understandable. If the box is factory sealed when they sell it, they have no way of checking the contents and it is pretty unlikely that Compaq would make such a mistake. However, there could be some hanky-panky in the distribution chain.

BUT, Best Buy is legally obligated to make good. You did not get what you bargained for. So if Compaq does not accept responsibility, then you can file suit in small claims court against Best Buys for the amount you paid. When you go to court, it's a question of proof. If the judge believes you, then you should win.

If you put it on a charge card, you can also protest the charge to the bank.

You need to preserve all the packing material and manuals, etc., that came with the box. You should make a written offer to return or exchange the laptop for the one you paid for, and get Best Buy's refusal in writing.

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Answered on 2/18/03, 9:34 am


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