Legal Question in Consumer Law in Illinois

I purchased two pieces of statuary from an antique dealer. One had a tag of 12.00 and the other 12.25. I brought them up to the owner of the shop to make sure the price on the tickets was correct, and she said it was. She gave me a discount and removed the 25 and I wrote her a check for $23.22. That evening she called and said she make a mistake and the price should have been 1200.00 and 1225.00 and wanted me to either bring the pieces back or pay her the balance. What are my rights in this matter. She has retained a lawyer and he said he was going to file a compalain against me for the balance of the money. I feel that I make a legal transaction.


Asked on 10/11/10, 8:01 am

1 Answer from Attorneys

It may depend on the kind of store it was and whether you knew or should have known they were not properly marked or that the owner was making a mistake and misread the tags. In any event if one is 12 and the other is discounted from 12.25 to 12, how could you possibly pay only $23.22 since that's even less, and tax had to be added. Something doesn't add up. And where are the tags? At the store or with you? If I were the store owner I would try to make a strong case against you of "unjust enrichment", which is an equitable theory. You may want to hire an attorney to help settle this for you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/18/10, 12:22 pm


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