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    vezinca's Avatar
    vezinca Posts: 1, Reputation: 1
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    #1

    Jun 20, 2008, 07:03 PM
    Retailer wants more money = error in billing
    I have purchased a boat and motor package with accessories. I have paid my bill in full. The retailer has contacted me a month later saying they made a mistake adding up the bill of sale and want me to pay an extra $400.00. What are my rights? After reviewing the bill, there appears to be an adding error, am I responsible for this error. My bill has been stamped paid in full. Thanks for any input.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 20, 2008, 07:28 PM
    Hello v:

    Sure you're responsible. You agreed to buy an item for xx amount of money. They made a mistake. That doesn't mean you make $400.

    If you left a $50 on the table in a restaurant, and thought it was a $20, but recognized your mistake before you got out the door, does the restaurant owe you $30? Or did they just make money because of your mistake?

    If the boat dealer sued you, you'll lose, even though it's marked paid in full. Judges DO know how to add.

    excon
    westnlas's Avatar
    westnlas Posts: 322, Reputation: 25
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    #3

    Jun 20, 2008, 07:31 PM
    Generally speaking, I learned in business law classes in college (many years ago) that you cannot profit from a clerical error. A typo by the bank cannot increase your account ten fold.

    Since you see that the bill was added wrongly I think the retailer may be able to collect the balance. More importantly, how do you feel about it ? Are you going to be able to enjoy the boat knowing it may have given you a bargain and cost some clerk their job ? You expected to pay the full amount when you bought it.

    I feel you might be happier if you sent the difference, if you know a mistake was made. I mean, you only get one life, why chance messing with your joy for $ 400.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 20, 2008, 09:01 PM
    I will say in small claims court they will have the best chance to win.
    If you can make the judge believe that it was the final total you agreed to, and had not talked about the separate prices, you may have a small chance. But under normal business rules you will owe the money
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #5

    Aug 13, 2008, 09:41 PM
    We agree in principle with the previous posts IF you are certain that all of the other numbers on the contract are correct save and accept for the addition that left the total sum short by $400.00.

    It is theoretically possible that the total sum is correct and one of the other numbers is wrong. If this is were the situation we would argue that any confusion on a contract that is otherwise marked "paid in full" should favour the consumer.
    ISneezeFunny's Avatar
    ISneezeFunny Posts: 4,175, Reputation: 821
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    #6

    Aug 13, 2008, 09:56 PM
    I'd have to agree with the above posters... if anything... you could potentially talk to them about it being an error... and thus you may get a discount of some sort... but in the end, you do owe them.

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