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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37968
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I recently made a purchase of car audio equipment the night

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I recently made a purchase of car audio equipment the night of my purchase I had taken home part of mt purchase of wich I informed the retailer that I would install myself and return the following day for them to install the remainder of my purchase the retailer agreed I could take the products I wanted we had decided to go a head and go thru thier finance so the associate informed us that he would have to charge the full amount even if I was only taking partial but I agreed so they did all the costs including installation for wich they showed my wife wich was 900 sum dollars therecwas an exact amount wich my wife reviewed abd signed for she was told I would recieved the invoice the following day after the remainder of my purcgase was installed. I return the following day for the installation when the installer had finished he did a quik summary of what he had done so I return inside the store andcwas given my invoice wich showed the agrred amount several hours later I recieved a voucemail from an sales associate saying that the salesman had put another set of merchandise the same as I had already taken home the previous night and asking if I could bring it back that if they did not recieve a response from me quickly they would add the cost to my financing well I did not know that they had placed the merchandise in my vehicle and had left to return home when I did I was feeling sick so I did not take a look at my vehicle and went straight inti my housr to rest the following day was pretty much rest as well and niw they had left another message I had not looked at the first message until I had reviewed all after I did I went to my vehicle ti see if they had placed another set I did find it but was buried below my larger things and wasn't in plain, sight. I know that ethicaly I should return it but after reviewing the mesage I was ofended and told my wife to return thier call and ask who they were to call and threaten to charge us for thier mistake well thier maneger told my wife that he was 100% sure that I knew it was there that they informed me when they gave me a quik summary of thier installation. Am I legally obligated to return it even if they had made the mistake and put it in my vehicle and I had not known and can they charge me even after my wife signe for the agreed amount and after I recieved the invoice and left. Ethicaly i know its rite but I live 35 minutes away and it is thier mistake no compensation was offered nor did they offer to pick it up also after the associate told my wife that I knew she jumped the gun and got on me until I explained that I did not know
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

 

 

My apologies if you were offended but the phone call you received is perfectly reasonable. If an installer made an error and simply requested that you return the merchandise, that is reasonable--they did not initially charge you for their mistake an only stated that they would do so if you fail to return the items to them. These are not your items, this was not a gift, it is property that legally does not belong to you, so you do have to return it. The fact they made the mistake does not make this your property, and as they timely informed you of the error, you likewise are legally required to return the items back to them as soon as possible. They are not required to issue compensation, and if you fail to return the items, they can take you to small claims court for the value of the items plus court costs and attorney fees. This is why it is really in your best interest to return and have them remove the items, as their error did not somehow make the items yours to keep.

 

Hope that helps.

Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your follow-up. In your other thread you posted:

If mistake was on thier behalf shouldn't I be compensated for my time and gas not to mention causing a inturuption in my schedule and the grief it has caused with my spouse ?was not offered for them to pick up what if item were stolen or taken before I was awre they were there.the first message they left was several hours after leaving their facility and the fact that I was unaware of the merchandise being in my vehicle
---------
They have no legal obligation to compensate you for their error--they legally have a right to demand that you return their property back to them that they provided to you by mistake. They are not required to compensate you for interrupting your schedule or your day--you are only 35 minutes away, so the commute is not unreasonable. Once you were informed and notified (meaning that you heard their message), you had an obligation to return the items. Nobody can force you to return the items, but if you fail to do so, they can sue you for damages. Their request to you is lawful, reasonable, and does not somehow require them to pay you for your costs. If anything they can legally attach this additional amount to your charge if you stand firm and refuse to return it.

Good luck and please take care. My apologies but it is late and I will be logging off to get some rest. Should you have additional concerns, I promise to attempt to answer them for you when I log back on in the morning.

Sincerely, XXXXX


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Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37968
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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