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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29803
Experience:  Lawyer
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I bought a shed from Home Depot in and they sent me the

Customer Question

I bought a shed from Home Depot in Washington and they sent me the receipt via e-mail it wasn't what I had been at the store and ordered so I went back and canceled the order and ended up paying for one already constructed and would be delivered..The store sent an a person who worked there out to get all the information off the building so I could pay for it the numbers he got were about $1000.00 less than the original price so I got a refund payed for the shed and I thought and so did the sales person that I got one heck of a deal. that was three or four days ago. When the people went to make arangements to pick it up they said their sales person made a mistake and I needed to pay them another $2200.00 or I could not get the shed. Can I make them stick to the price I paid or do I have to come up with more money?
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
You're right. A deal's a deal. If you had accidentally agreed to pay $1,000 more than it was worth, they wouldn't be giving you a refund. If you have evidence that the deal was for a certain amount, that's the bargain you made. You're not responsible for their mistake.
This is called the "pre-existing duty rule." Say you agreed to pay $2,000 for the shed, and they agreed to sell it to you for $2,000. The deal is done, and you're both bound by your promises. If they come back and say, "You have to pay me another $1,000," even if you agree, there is no consideration for that promise. They already have an obligation to sell you the shed for $2,000. Your promise to pay more is gratuitous and unenforceable unless you are getting something else for that extra money (like faster delivery than originally promised, better materials, etc.).
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.