Legal Question in Business Law in Florida

I bought a van in ocala florida yesterday, I took the van to texas where i plan to plate it there.. The dealer i bought it from made a error in processing the payment., the sell price was 5300.00 they only ran the credit card payment of 530.00, today they called and left a message saying i needed to come back to florida right now and settle the amount of 4770.00 or they was going to send the police after me.. what is required of me.. Is it the dealers own fault?


Asked on 10/21/09, 4:41 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You owe the money. Just tell them to run the card for what is owed. You need not return to Florida for that.

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Answered on 10/21/09, 4:47 pm
Sarah Grosse Sarah Grosse, Esquire

You must pay the money. Authorize the payment on your card.

I would like to clarify this for all future questioners -- If someone accidentally gives you money or doesn't charge you enough, you may not take the money or the merchandise and run. You must give the money back or pay it to whomever it is owed. No lawyering will get you out of that simple fact.

This simple mistake happened to me when I was 16. I received a paycheck for 500, and it should only have been for 50 or less (I was a waitress). My dad, who was a general manager of a retail establishment, told me to spend it before they could as for it back. That was extremely bad advice. I did spend it. It was clear on the books that I had been over-payed, and they wanted the money back. I didn't have it, but I surely did not get a paycheck again for at least 6 months to repay that money.

Anyway, you have to pay for the car -- no matter whose mistake it was.

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Answered on 10/23/09, 7:34 pm


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