What to do if I sent in an item for warranty repair work and they sent me back the wrong item?

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What to do if I sent in an item for warranty repair work and they sent me back the wrong item?

The item I received is not what I sent them in terms of value and I was wondering if legally I could keep it? Am I legally responsible to have to return the item after I already let them know of their mistake?

Asked on February 17, 2012 under General Practice, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Warranty work in this day and age is quite a gamble. For example, with cell phones, many have had issues with sending in cell phones and not having it returned or having it lost along with any information in it, like the photos and such. If this item about which you speak is more valuable for example than the item sent in for warranty work, that is up to you. In theory, it could be considered illegal but it could also be considered a mistake from which you have benefited or the company's choice of sending something back that is the equivalent but more valuable because the other item is irreperable or simply no longer in stock.


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