Tweeter, Do I have a valid claim?

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jmv1210

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Below is a letter I prepared to send to Tweeter, to the store I bought this product from. My question is, do you feel based on your experience if I have enough here to make a claim against them?

Live in NJ, TV bought in DE.

Rough Draft of Letter

On June 3rd, 2006 I bought a Sony LCD rear projection TV model #kds-r60xbr1 from your store based on the information provided by your staff. I was told that this TV was able to produce a 1080p picture including upscaling of lower resolution signals to the 1080p resolution. I made this purchase under with the understanding that I bought a true 1080p TV. In December/06 I purchased a source that can produce a 1080p signal. However, the Sony LCD rear projection TV was unable to produce this signal and left the picture unviewable.

I reviewed the owners manual and noted the following:
The manual does not mention the ability of this unit to upscale a lower resolution to 1080p.
Page 28 states that this TV displays all format types of picture in a resolution of 1920 dot x 1080 lines. (reference document here)
Under Specifications the only video resolutions listed are:480p/720p/1080i (reference document here)

Watching any source connected either HDMI or video 4 and 5 does not indicate that the resolutions as indicated within the owners manual is displayed at a resolution that is equal to 1920 x 1080. When the display button on the remote is pressed, only the native resolution is displayed on the Sony TV. Example if the source is only sending out 720p to the Sony TV, the Sony TV will only indicate 720p is displayed, not 1920 x 1080. I own a Sony upscaling DVD player that upscales DVDs from 480p to both 720p and 1080i. When the unit does this with the native 480p signal the Sony TV will display the upscaled signal at 720p or 1080i.


Upon my discovery that my 1080p source which was bought in December will not work on the Sony TV, I visited Sony's Web site for clarification. Below is information from their website about the ability of the Sony LCD rear projection TV model #KDS-r60xbr1to produce a 1080p pictuer:

Does the television support a 1080p signal input from a connected video source?
No. Although the display is capable of handling resolutions up to 1080p, the television does not have an input capable of receiving a 1080p signal.
However, the television has a native resolution of 1080p, which means all content is up-converted from its original resolution to be displayed in 1080p resolution.

When these televisions were created, there were no sources capable of outputting a 1080p signal.

Several 2006 television models, including the Sony® KDL-V2500 series, KDL-XBR2 series, KDL-XBR3 series, KDS-A2000 series, and KDS-R-XBR2 series, have full HD capability.


I have bought my last two HD TVs at Tweeter based on your name within the retasil industry. At the time of this purchase in June /06, I owned a Mitsubishi Platinum Series model #xxxx which was bought at Tweeter. The Mitsubishi was able to produce video at the following resolutions:480p/720p/1080i. My intention was to replace this TV with a 1080p TV. Although this unit will upscale a lower resolution signal to 1080p there is not indication of this occurring on the units display. Further, the specification in regard to this TV being a 1080p TV lead to consumer confusing as I was reasonable under the impression that if the TV can produce a 1080p picture then it certainly accept a source rated for 1080p. Sony announced the predecessor to the Sony kds-r60xbr1 two days prior to my purchase and Consequently discontinued manufacture of this unit as of June 1st, 2006. I was informed on the day of the purchase that the Sony KDS-r60xbr1 was discontinued as of June 2nd, 2006 and the gentleman lowered the price to 3,000.00 to help sell the item.

As a result of the above information, I feel that I was misinformed on the capabilities of the Sony unit. I am requesting that Tweeter allow me to return this TV to upgrade to the HD capable KDS-R60XBR2 that is a true 1080p tv.
 
Also, would the best path forward to send this letter register mail to either the store or corporate. Or should i pay to have a layer put his seal on it and send it. Not sure which from the start would be a netter approach, provided I have a valid claim, which is I feel I was misled. It seems that they wanted to off load the inventory as they were told the day before that the item was discontinued.

Article below:
http://news.sel.sony.com/en/press_r...crodisplay/sxrd_grand_wega/release/22354.html
 
The standard for a fraud claim is that the seller make a material misrepresentation, that they intend for you to rely on, which they know is false. You have to have reasonably relied on that misrepresentation to your detriment and suffer pecuniary loss. It seems like you meet the detrimental reliance and surely the pecuniary loss elements, however it remains to be seen if the person that sold you this item ever made a material misrepresentation about the television. Failure to explain something is not a material misrepresentation. Based on that, I would say you have not met the standards to assert a claim for fraud. If you specifically asked if the tv could receive and upgrade the picture, and they said it could- KNOWING that it could not- then you would have a claim.

Also, a lot of times when a tv is sold lower then sticker prce it is sold as is. As such, corporate may be hesitant to upgrade you, and just tell you you got what you paid for, caveat emptor (sorry, can not spell in latin).
 
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