Legal Question in Civil Litigation in Maryland

Consumer

I purchased a computer(1500.00) from a local consumer. It did not work properly (failed to load windows). The company replaced the computer three times because of the repeated errors. It happened a fourth time and I refused to let ''them'' replace it again. All this happened within the first two weeks of purchasing the computer. I have not made one payment (being financed) and the financed company has not reported me to the bureau because they are waiting for me to seek legal advice. I requested that the company return the finance company their money and retreive their computer. ''They'' refused. Do I have a small claim case?


Asked on 11/14/00, 3:08 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Consumer

The Uniform Commercial Code, which is a comprehensive law governing this type of transaction, and which is in effect in every state, provides that when you purchase a product the seller warrants that the product is "merchantable". That means that it is capable of performing the ordinary functions for which it was purchased. If your computer cannot load windows, which is a basic operating system, I think you can argue that it isn't merchantable. (As I understand your statement, this is the 4th machine they've given you and you've never been able to properly load it; it sounds like these people don't know how to build systems) You can ask the court to rescind the contract which means you undo the transaction and get your money back.

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Answered on 11/20/00, 1:50 pm


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