Can the store sue my husband for their mistake if they gave him the wrong merchandise?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the store sue my husband for their mistake if they gave him the wrong merchandise?
My husband had two jewelry lay-a-ways at a major discount store. We went to pick up the smaller lay a way and after we had left the store discovered that the associate gave us the more expensive lay-a-way. Now the store is calling and threatening to take action against him if he does not bring the lay a way back or bring in the difference. What legal action can they take against him?
Asked on December 19, 2011 under Bankruptcy Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
They can sue him if he doesn't return or pay for the item. A mistake does *not* give someone else ownership over property or the right to keep it. If he received the wrong item, he needs to return it to the store, if he's not going to pay the difference; at that time, they will either provide him the correct item or return his money and rescind the transaction if for some reason they no longer have it. He unfortunately has no right to keep the more expensive one, which he has not paid for.
Moreover, if he knowingly keeps an item which he has not paid for, that could constitute theft; your husband could potentially face criminal liability, too.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.