Legal Question in Consumer Law in Florida

Check written for amount quoted by cashier

Shopping at a discount store, we purchased two children's bicycles. I took them to my husband who was waiting in the garden shop (hates stores) and ask him to pay for them while I would get the keys to the van from my daughter. He was not wear his glasses (as he rarely does) and ask the clerk what the amount was. The clerk quoted him an amount, my husband wrote the check the manager approved the check and I brought the van around for him to load up. A couple of days later, the discount store manager calls and demands the difference in the amounts from what the cashier requested and what we paid. We have check the receipt and the receipt does have the higher amount and says check tendered for the higher amount. I would gladly pay the difference immediately if we were not treated like we were the criminals by this particular discount store manager. Now, ticked off by the treatment I want to know are we legally obligated to pay the difference of their screw up.


Asked on 8/20/02, 2:43 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Check written for amount quoted by cashier

Pay the difference.

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Answered on 8/20/02, 3:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Check written for amount quoted by cashier

There is no law directly on point and I do not know what a judge will decide if a case is filed against you. The real question is, do you want to face the hassle of a law suit and possible court costs as well as the amount in question? If the mistake had been made in the other direction, I am sure you would expect the store to do the right thing and make good on the error. Shouldn't you?

Scott R. Jay, Esq. 305-249-8000

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Answered on 8/25/02, 1:33 pm


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