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John
John, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4528
Experience:  Licensed and practicing attorney experienced in consumer protection law.
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Good evening, I put a deposit on some tiles for a backsplash.

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Good evening,

I put a deposit on some tiles for a backsplash. I was told that the cost would be $298.00 plus tax. The store looked the information up in his computer. I believed he also called the manufacturer, not sure, but the price was definitely in the computer. He gave me a computerized order form and a receipt for my $150.00 deposit. This morning he called to say that the manufacturers made a mistake and the cost should have been $1400.00. I really want the tiles, but the cost of $1400.00 was not the price that we had agreed on. What are my rights? Thank you.
Concerned and disappointed,
XXXXX XXXXX
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

This is a matter that is theoretically very complex, but in the reality of the world not really worth your time. I'll explain further.

Mistake of fact, is a defense to a contract. To be sure though if only one party is mistaken, and the other party is not knowingly taking advantage of the other party on an objective basis (i.e., you didn't know or should have known that he was mistaken as to the tile pricing and were taking of his mistake) then the contract is only voidable by the non-mistaken party. What that would be in purely legal analysis you have a right to force or void, at your option, the sale even upon his figuring out he misquoted the sale - because you already made the deal. In reality, the company isn't going to give you this tile absent your suing them, and it is going to cost you far more to sue them than $1,400. Small claims court isn't an option either because small claims can only order cash judgment, whereas you'd be asking for an equitable remedy (that the store sell the tile for $298). Perhaps you can work out some settlement with the company or in the alternative just declare the sale void and get your money back and find another less costly tile.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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