I ordered a computer which I was told the video card was upgradeable and it isn’t. I want to see if can take them to small claims court/get my money.

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I ordered a computer which I was told the video card was upgradeable and it isn’t. I want to see if can take them to small claims court/get my money.

Asked on June 22, 2009 under Business Law, Massachusetts

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's possible, although you'd have to give up the computer to get your money back, and there might be some other problems.

I'm not a Massachusetts lawyer;  the law does have variations from one state to another and there are almost certainly some other facts that will prove important. Based on general principles and this outline of the facts, your first problem is likely to be proving that you were told about the video card being upgreadeable, if it wasn't in an advertisement that you saved or can retrieve.  The second problem is convincing a judge that this misrepresentation is important enough for the court to intervene, and while I understand why it is, to you, some judges simply aren't that highly computer-literate.


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