If a store mistakenly charged me less for an item than it should have, can they come after me 2 months later for the correct balance?

UPDATED: Sep 14, 2011

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If a store mistakenly charged me less for an item than it should have, can they come after me 2 months later for the correct balance?

I bought a case of wine and was charged for only 2 bottles instead of the 12. It has been over 2 months and the store just called and wants me to give them the rest of the money do I have to? Or is it just shame on them for not ringing up the right price?

Asked on September 14, 2011 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you purchased wine from a store and you knew that you were not charged the correct amount, you should have told the person riging up the charge about it right away. If you found out later that the charge was wrong were you paid for two (2) bottles of wine instead of the case you bought, morally you should make up the difference and pay the shortfall.

As you your question, if the store that you purchased the wine from has charged you less than what it should have and the result was due to a unilateral mistake by it, then legally it should not be able to recover from you for the difference.

However, if you knew that the price charged you was too low at the time you purchased the wine, then the store has a valid basis for seeking the difference from you.

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