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4ren6, Forensics/CSI
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what would be considered taking money under false pretenses

Resolved Question:

have recieved money to purchase material on job which I purchased. All the money did not go toward material some was due to the time it took to get material and running back and forth for the job. Which was 5 days to another town which was several hours away from customers home. Customer is now trying to say they did not pick out the material that was purchased but something else. Which they did not. And is talking about trying to press charges for taking money under false pretenses. Customer has receipt for money given and has been to the place that has their order and says they will take the material that was there. Customer says that it is false because all the money did not go toward material but like I said it took 5 different day of travel to get samples for customer to look at before customer chose the material to be used. I would think my time would be worth something. I can not do all that traveiling and work for free. Can they try and charge me with this.
Submitted: 10 years ago.
Category: Legal
Expert:  4ren6 replied 10 years ago.
Did you have a clear cut written contract that outlined what your fees and expenses would be. Was there any contract regarding payment and how payment was to be made.
Customer: replied 10 years ago.
There is a perposal showing the break down of the job and fees. It was not signed by either party but they did give money for the material to be bought which is was. And on the reciept to the customer it says that the money received was going to be used to go towards the purchase of the material. The materail was to be deliverd tommorrow but the customer on friday said that they would not accept it. On saturday they went to the place where the material was purchased and talked to the seller of the material and decided that they do want it but the deliever order was canceled so were going to go get it ourselves and delivery it. Talk to custumer today and that is when said going to go talk to his lawayer and see it he has bring charges.
Expert:  4ren6 replied 10 years ago.

You should have had the customer sign and date the document. They had no right to cancel the order that you placed. The company that canceled the order (per customers request) may be in default of your order.

Your statement of: "And on the receipt to the customer it says that the money received was going to be used to go towards the purchase of the material." This would imply that you had no other cost other then the material itself. Unless clearly stated on what the full actual total cost would be and signed they may indeed have cause or reason to question what has been done. This does not however on the surface appear to be "money taken under false pretense". But perhaps poor handling of contractual agreements. Let me know if you need further assistance.


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Customer: replied 10 years ago.
The customer was told that the money was how much they were going to be charged for the material. They accepted that price. Even though I did not pay the full amount of the the money received. The company that I purchase the material Saturday told the customers how much was paid.
Expert:  4ren6 replied 10 years ago.

Then it would simply appear that they are upset only at your profit mark up margin and there is nothing legally wrong with this. It would be best to have had a signed contract for the job as it appears that they simply went out on their own and priced the product. You have done nothing wrong to be deceptive. You do need to return the money though if your not able to fill the needs of the customer. If the order was placed in your name then you may have legal grounds to file a civil suit against the store. They had no right to tell the customer what your cost of the order was if it was under your name. If it was under their own name then the company can give that out. Again, proper paperwork and details would have helped with this not occurring.

You have not been deceptive unless you gave them a price for cost from the store and the store gave a different cost to the customer. Again, reason for a signed contract. I hope this better helps. Let me know if you need further assistance.

Customer: replied 10 years ago.
Thank you very much that answers my question. They store did not give them any of the details of what was purchased but gave them the price if they were to come and purchased it themselves which we tried to get them to do but would not. That is how they found out the difference. The store still has the order just canceled the delivery of the order.
Expert:  4ren6 replied 10 years ago.
seems as though you have a customer that just went out and double checked your price is all. Let me know if you need further assistance.