Hello,

On January 14, I purchased a pellet stove from Sierra Fireplace in Sacramento, CA. They gave us a credit for $200 for a Yolo county clean air refund, and also gave us free installation. Today, Feb. 21, the salesman called me and said that instead of giving us a free install, he accidentally credited us an additional $325 (the price of the install). He now wants to collect the $325 that he accidentally credited us.

In addition, he said, yolo county actually isn't offering a clean air rebate, and so the $200 was an accidental credit as well and that we should pay the $325 back since we are still getting a good deal because of his other mistake.

I could understand trying to remedy the mistake hours later, or even a few days later, but over a month?

I want to know if I am correct to say that when we purchased the stove, we entered into a contract for that amount and that it is their fault they undercharged and just have to suffer the loss. I would like to know that if I did have to threaten small claims court, I am actually in the right.

(Also, they did say that they would cancel the deal, but I really just want the stove, if that makes any difference.)

Thanks for any help!
Kim

Sounds like he just got his commission check and realized it was short, hehe. You didn't put that on a credit card did you? I wouldn't give it back.

I would say sorry for the error, but you are happy with the deal you already have.

I personally would not pay them any money

I wouldnot pay any extra money either. Tell the salesman you want to speak to the owner of the store.

Many consumer protection statutes discourage or prohibit changes to signed contracts in order to prevent obnoxious business practices such as "bait and switch."

Further, the legal doctrine of contra proferentum says that if there is any confusion with respect to a contract the error or ambiguity must be read against the person who proferred the contract - in this case the fireplace retailer, who is supposedly an expert in the drafting of sales contracts for their product.

For these reasons, and the time issue you mentioned, I would side with you in this dispute.

With all that being said, and for your information, there are exceptions to these principals and parties aren't always bound to contracts with mistakes. (ie. I'm sure if you were selling a car for $10,000 and you forgot a zero so the sales contract read $1,000 you wouldn't want to be bound to such a mistake.)

Quote:

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Originally Posted by kbernick

I would like to know that if I did have to threaten small claims court, I am actually in the right.

(Also, they did say that they would cancel the deal, but I really just want the stove, if that makes any difference.)

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Hello Kim:

They're the one who's out money, if they're to be believed. You're not. So you couldn't sue or threaten to sue THEM. If THEY, however, want to sue you, that's a different matter. I doubt they will. As has been ascertained, they'll lose.

Nope, you don't have to do anything. Just enjoy your fire.

excon

PS> They want to cancel the deal? How are they going to do that? You have the fireplace and they have your money. They're certainly not going to come into your house.