Actually, the post (from the person selling the item) states that there is no OS on it but that the sticker with the Win Xp Home Key is still on the bottom of it (the laptop). As the person did not take that OS and reinstall it on another computer (which wouldn't have been legal for them anyways) but it has no affect on the situation really, as they had just used a different OS (Linux I think they stated) instead of Windows.

Legally, the purchaser (who ever it may be) should be allowed to use another matching Windows CD to install and use the actual product's Key # on the sticker to Activate it. If this person has a Dell already, then they should be able to use that Dell CD to install Windows on the laptop *as long* as the CD is a *Dell* Windows XP OS disk (some say that you can use any OEM version as well but I don't know for sure if that would work or be a *totally* legal way to install the OS.

If you have just a normal Retail version of the Windows XP Home disk (not an upgrade disk or an OEM) which was probably around $200-250 when you bought it, then I don't think you would be able to sucessfully install and activate the OS on the new system. It would probably install correctly but the product key is tied to that specific Dell system and an OEM version of Windows, again if not directly to a *Dell* OEM version of the Windows XP Home disk.

You could also do the same thing that the other user did and download and install a free verion of some type of Linux, or purchase an OEM version of Win XP Home (for about $89 from some places) which would give you a new Product Key and you would have the cd as well for future needs.

***Note***

OEM OS's are meant to be purchased with some other hardware at the time of sale (if you are building your own PC and want to get an OS at the same time as other parts) and are not supposed to be sold alone (though this is done often by some reselllers, or they use a cheap product with it so you are "buying" hardware as well as the OS). You can take your chances with them if you wish, it becomes more of a moral issue (while still being illegal) as you can install it and have nothing go wrong, other than you did not purchase it as it was meant to be sold.

Also, the other difference between a *Retail* version/copy and an OEM is that an OEM is tied to that system it is first installed on (you legally cannot switch it to another system later on even if not using it on your current one anymore) while a Retail version/copy *can* be moved and used as often as you wish (as long as it is always installed on only 1 machine at a time).

System specfic OEMs like for Dell computers, are tied to the Motherboard and Processor, so that you can go ahead and upgrade your machine as much as you want and still have it be a "Dell" system and therefore be able to use Dell's Product Keys, but if you change/upgrade the Motherboard or Processor at all, then your system is "no longer" a Dell product and you cannot legally use the Dell OEM OS disks anymore.

But as rickmktg has already stated, you should just save your money and purchase something else instead... It seems that unless you had a Dell OEM XP Home disk already, you would end up spending some money to get XP onto that computer, and if the system is having serious problems (and dealing with settlements in court etc) then it seems best to go for another system anyways, as you would most likely end up shelling out more cash on it for repairs (if it was out of warranty and/or the seller didn't transfer it's coverage over to you) and the amount of time and energy wasted on it all and the frustration, I would say *PASS* on it...

If looking for a deal, head over to the Dell Outlet shopping area and see what they have. I got my XPS m140 there in May for about $500 after certain discounts and such. They are always changing inventory (and not all are the same as they have many customized computers that get returned and this is where they resell them). I could not even tell that it was used at all (other then the "Refurbished" sticker on the bottom of the unit that is).