Legal Question in Real Estate Law in New York

I recently had a laptop computer crash. I had Best Buy's Black Tie Protection on it, which does not cover physical damage or spills, however since there was none I was able to take it in for repair. The employee at the counter inspected the machine, tried a couple of things to get it to work (including clicking on the touchpad buttons), but was unable. I was given a repair slip which specifically states that the condition is "stickers on lid, missing right arrow key, worn, dirty". Today I received a call saying that they found liquid damage, which was so bad that one of the touch pad buttons is apparently all warped and "bubbled". This was not noted by the employee, who had clicked on the touch pad. Is Best Buy liable for this as the observable physical damage they report is not on the service order?


Asked on 12/27/11, 11:02 am

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

The courts may not necessarily be your best option here. Computer companies have warranties down to a science and mandatory arb agreements, which essentially take away one's rights to be heard in court (and for $35 rather than $3,500). You do have a good case but your best bet might be to go to the CEO directly with this. Get his/her home address and send the complaint there. I handled my laptop issue by finding Michael Dell's home address and sending a holiday card with the complaint in it, after the complaint was bounced around India and I could not understand what they were saying except no. I also discovered they finally "honored" my warranty to fix and return in 24 hours by substituting another laptop (which reeked of smoke-clearly sitting in some workspace where chain-smoking is legal, unlike NY, and did not even work anyway). They claim it was mine because the sticker on it matched my laptop's reference #s, not realizing I secretly scratch my initials into things I send out for repair. In the end, I ended up with two laptops and Cuomo's office (he was the AG then) sent me a check for $600. I was not an atty back then but I was lucky to have learned how to, legally and for free, get property addresses, ironically, from a classmate in a Zoning Law class I took taught by a high-level judge. We came up with the idea while discussing our problems with our laptops and the so-called "warranties" the companies would not honor. And, when the class was discussing mandatory arb in a civil rights class, virtually every one of the 72 students had similar horror stories, them and/or friends, about laptop extended warranties.

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Answered on 1/03/12, 3:21 pm


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