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    smashley3636's Avatar
    smashley3636 Posts: 2, Reputation: 1
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    #1

    Apr 21, 2012, 08:19 PM
    Is this theft by deception?
    I was at an auction and purchased many old pepsi crates for $6 each. Before leaving I asked the clerk if I could purchase one last coca-cola crate with bottles in it and pointed at the crate. She asked how much I had paid for the other crates and I told her $6, so she said okay. When I got home she called me cussing telling me that crate was worth more with the bottles (even though she had seen it) and told me she would file theft by deception charges on me. I was very nice explaining it was a misunderstanding while she kept cussing me the entire time. Could she really file the theft by deception on this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 26, 2012, 11:44 AM
    Could she try? Yes. Would she be successful? I don't know - depends on the dollar amount difference.
    smashley3636's Avatar
    smashley3636 Posts: 2, Reputation: 1
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    #3

    Apr 26, 2012, 12:15 PM
    I was very nice about it and took the crate back and it turns out they were wanting $25 dollars for it. I am by no means poor, and I don't see $19 being that large of a difference. I would have paid the difference but decided not to because she was so unprofessional.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 26, 2012, 12:21 PM
    Doubt they could have, you told them which one, if they told you the wrong price that is their fault, if I shop there a lot I may have taken it back, or again if I shop there a lot I may have went in and expalined the facts of business to them. If they under sell it to you, it is their loss.

    If you had showed them one case and took the other case that is the theft.
    tampajunkman's Avatar
    tampajunkman Posts: 2, Reputation: 0
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    #5

    Jun 25, 2012, 08:16 PM
    Quote Originally Posted by smashley3636 View Post
    I was at an auction and purchased many old pepsi crates for $6 each. Before leaving I asked the clerk if I could purchase one last coca-cola crate with bottles in it and pointed at the crate. she asked how much I had paid for the other crates and I told her $6, so she said okay. When I got home she called me cussing telling me that crate was worth more with the bottles (even though she had seen it) and told me she would file theft by deception charges on me. I was very nice explaining it was a misunderstanding while she kept cussing me the entire time. Could she really file the theft by deception on this?
    No way any law enforcement is going to file charges in that case..

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