ok i got an albino oscar he is about 1 1/2 inches when i got him in the car i noticed that he had some black on his fins and a couple spots on his body also in the light his skin looks rough. Now i know that they play dead but it doesnt look like he is playing dead i have him in a brand new tank because i had him with my 4 inch oscar and he was beating him up. What could this be should i return him?

If I were you I would call them before trying to return him so if they don't let you return him there will be less stress on the fish.

do you have any pics? If the other fish is beating him up, i would suggest a divider.

I'm not sure I understand. You bought the fish and he looked in bad shape right after you bought him? Then your other O beat him up and now he is in another tank by himself looking dead? Is this the seqence of events? How badly did your other O beat him up? How bad was he before he got beat up?
Is it breathing normally? Lots of questions I know but its hard to tell whats wrong by what you have said. I don't think the fish store will take it back if it looks beat up. I hope it gets better.
Good luck.

You are going to find it very difficult to get the shop to give you a refund for a dodgy fish if your other fish has made it worse. If you have to find a new home most shops will take back a fish even if it is in a bad way but i doubt you will get anything for it