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Can a company charge you after the fact when they realize they made a mistake?

Discussion in 'Consumer Law, Contracts, Warranties' started by riffwraith, Jun 15, 2021.

  1. riffwraith

    riffwraith Law Topic Starter Member

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    Hi :)

    Walk into a flooring store, and pick out flooring.
    Get a quote, and put down dep.
    P/u flooring 2 wks later, and pay balance.
    3 mos. later, walk back into store, orig. rcpt in hand, to order some more flooring.
    Clerk looks at rcpt, and realizes that the incorrect $ amt was charged on the previous order (in favor of me).

    Does the store have the right to charge the difference?

    BTW - this has not happened, but the potential is there in the next few days, and I want to know where I stand legally, if the store realizes it's mistake and wants to charge me the diff.

    Thanks in advance.
     
  2. Zigner

    Zigner Well-Known Member

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    It's entirely possible (and legal) for them to charge an amount for the product that would include the amount you underpaid on your last purchase.

    In other words, if you were undercharged by $200 last time, it's fine for them to add that $200 to the new quote. Your choice would then be to not contract with them this time around.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Well, duh, don't show the receipt to the clerk. Write down what you want and ask for it that way. Then the previous order doesn't come into play.

    And if the current price is higher, don't go saying that you paid less last time.
     
    army judge likes this.
  4. riffwraith

    riffwraith Law Topic Starter Member

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    Well, duh yourself. You don't think they have the rcpt in their system, which they already looked at to see precisely what I ordered?

    Let's say I do not place an order, but during the process of convo, they realize they made a mistake. Can they then go back and charge my CC, which they still have on file? Sorry I didn't think of that scenario before :/
     
  5. army judge

    army judge Super Moderator

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    I don't recommend EVER returning to that merchant, if you're worried about getting hammered with what SHOULD have been the correct charges.

    However, you could choose to send another person to procure more merchandise if you're bound and determined to buy ONLY from the merchant who MIGHT discover the mistake and hit YOUR credit card (retained within their files) for charges that remain uncollected/undercollected.

    What you don't wish to happen, MIGHT occur anyway.

    In fact, some super, special "loss prevention agent" might already be investigating the matter as an INTERNAL THEFT.

    One would be wise NOT to return to the scene of the "error", "crime", "mistake", or whatever you choose to call it.
     
  6. stealthy1

    stealthy1 Active Member

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    Not if you don't tell them that YOU bought it from them. Really, most retailers aren't wasting their time randomly looking up receipts.
     
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  7. Tax Counsel

    Tax Counsel Well-Known Member

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    That depends on the exact terms of the sale, which I've not seen. However, in most retail sales you strike a price at the time of sale, pay the agreed price, and the contract is concluded. If either you or the seller then realize that a different price should have been paid it's too late to fix it unless the other party agrees to make the change. That can change, though, if the price you were paying was so far off the correct price that you knew or should have known at the time you bought it that the price was obviously wrong.

    Of course, the store is not obligated to sell you even more of the product at the same erroneous price.
     
  8. riffwraith

    riffwraith Law Topic Starter Member

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    Gotcha. Problem is, if they are the only distributor of this flooring on the entire East Coast (and of course the flooring has to match), the only other option would be find another distributor elsewhere in the country. Which is possible, I guess, but than I have to have it shipped (lots of money there), and may run into a locality/compete issue.

    So, if I do not know the style name and manu (not on the flooring), I have to tell the retailer to look up the rcpt.

    Of course, and ty for the post.

    So, check this out. This whole thread is premised on the fact that the clerk told me that the incorrect $ amt was charged the last time. How did this go down? I was given a quote over the phone, which was literally double the amt, per sq ft, of the last order. Meaning I underpaid by about $2,500. When I questioned this, I was told, "well, this is the price we sell it at". So, I am thinking that when I walk in, the possibility is there that I am gong to have the store tell me they want to charge me the diff.

    Long story short, the clerk who gave me the quote for the new order was looking at the wrong thing, and misquoted me - meaning the original order was correct. Funny.... had she not made that mistake, this thread would not exist....LOL

    Cheers.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    A good argument for not doing stuff on the phone.
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    That's illogical Jack. Such mistakes can just as easily occur in person at the store, or in written exchanges. Doing business over the phone happens all the time and in the vast majority of such deals everything goes just fine.
     
  11. zddoodah

    zddoodah Well-Known Member

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    What does "right to charge" mean?

    If you paid an agreed price and the transaction was completed, then it's done. The store could "charge" you in the sense that it could claim you owe more money, but it cannot go back and unilaterally change the terms of the agreed, completed transaction.
     
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  12. Zigner

    Zigner Well-Known Member

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    Agreed - but as I stated above, they could refuse to sell more product at the lower price...in any case, the issue was resolved because it wasn't an issue in the first place - it was simply an error when the OP recently called ;)
     

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