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legalgems, Lawyer
Category: Legal
Satisfied Customers: 7116
Experience:  Just Answer consultant at Self employed
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I signed a Retail Installment Contact-Consumer Credit Sale

Customer Question

I signed a Retail Installment Contact-Consumer Credit Sale with Conn's on 5/21/2016 in Winston Salem, NC. The total on this paper does not list everything I received. It does not even have all items listed. The total on the contract is $8165.82. But the total for the items and prices they listed is only $5843.47. Which amount am I obligated to pay? I do have the store invoice showing the total Amount I owe is $8165.82.
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

Was everything delivered? Is it possible that the discrepancy is due to insurance?

Customer: replied 4 months ago.
The wrong freezer was delivered, but it seems like they are willing to take care of that. I just don't think I should have to pay for the property insurance again since I already have it and gave them proof(I was a property insurance adjuster for 18 years and I know what I provided is what they need. Even their website confirms it). My question is mostly about the Retail Installment Contract and do we owe what the Total Balance on what the contract says or what the prices actually add up to?
Customer: replied 4 months ago.
I have all paperwork I can send you, if needeed
Expert:  legalgems replied 4 months ago.

If the RIC sets forth prices and those are obviously (as in a reasonable person would be aware) incorrect due to a clerical error, then generally the court would amend the contract so that it accurately reflects the true purchase price as listed on the store invoice. The reason for this is that there are certain elements required to have a binding contract:

1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

Meeting of the mind occurs when both parties have the same intent; so if property is delivered and that document shows the incorrect price, one would normally assume it was an error (because of the inconsistency with the contract and the invoice).

This is referenced as a Palpable Unilateral Mistake:
A unilateral mistake where the non-mistaken party either knew or should have known of the other party’s mistake which makes the contract voidable by the mistaken party.

It is similar to a "scrivener's error" where corrections are allowed so that the document reflects the true intent of both parties.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Hopefully the above was resolved.

Thank you for using JA!