a pinball nightmare

[Teri Fisher]

Nearly a year ago my teenage son purchased a pinball machine for $300 from a local amusement business. It worked for about 1 week. since then it has been repaired aproximately 6 times, all of those repairs lasting for only a day or two at best. In July we again called the business that the machine was purchased from and asked for another repair. The owner came and could not find the problem, saying he would return another day when he had more time. He never returned, so finally on October 29th I called, and left a message asking for a repair but received no return call. The 30th I called again and again received no call. On the 31st I called and did get a call from the owner. I requested to return the machine, as it has not worked properly from the beginning. He stated that the machine was purchased "as is" but would send a repairman out to look at it one last time. The repairman showed up and after a brief check of the machine, reported that there was nothing that he could do as the machine had too much wrong with it. I thanked him for comming but again expressed my unhappiness of the performance of this pinball machine. He said that he would rely the message to his boss but there was nothing he could do. We have been trying to work withh this business for almost a year now, and feel that they sold the machine because of it's poor performance. We live in Oregon. Do we have any legal rights for a refund? Would I have a leg to stand on in small claims court? Thank you to anyone with sound legal information. Teri the

 

[JETX]

Q1) "Do we have any legal rights for a refund?"
A1) Part of this answer depends on something you left out of your post. You said that the seller stated that the sale was 'as is'. Was it??
Another possible imporant issue was the age of your son at the time of the purchase. How old was he? If a minor, he could rescind the 'contract' since a minor cannot enter into the contract. Finally, you might have an issue of 'deceptive trade' if you think that he sold a known defective item without disclosure.

Q2) "Would I have a leg to stand on in small claims court?"
A2) Any or all the above might be usable in a Small Claims case. Also, since the 'rules' are much more relaxed, you have a higher chance of success than in 'regular' court.

Your welcome.