Legal Question in Consumer Law in Florida

paid for one thing, got another

If you buy and item, and they gave you a different item, are you legally responsible to return it?


Asked on 6/20/07, 10:17 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: paid for one thing, got another

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unless the second item was given to you purposely as a gift, you are obligated to return it. Any time you receive something in error, you must return it or else you can be guilty of theft or conversion.

Scott R. Jay, Esq.

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Answered on 6/21/07, 12:36 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: paid for one thing, got another

there are not enough facts to really answer this.

If you paid for 10 gold coimd and they sent you 20, then yes you would have to return 10 of them.

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Answered on 6/20/07, 11:33 pm
Johm Smith tom's

Re: paid for one thing, got another

Keeping something more valuable than what you paid for without the seller's consent is called theft.

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Answered on 6/21/07, 12:11 am


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