Legal Question in Consumer Law in Florida

seller trying to claim I owe him for mis priced merchandise

Went into nursery to find some oak trees, when I told sales lady size of tree that I wanted (her words 3'') I was shown an example of a 30gal tree and told it was $95 and that other 30gal ones with a flag in them would be $125. Went back two days later marked and paid $95 for exact tree shown and another of approx size both with no flags. The loading guy brought them out and loaded them in my truck but mentioned when doing so that another guy he passed thinks that they might have been mis-marked but it was the sales person't problem and moved on. Now the owner is calling me saying that I owe him more money for trees because they should have had flags. first call said 30/tree now saying 130/tree. Again, there were no flags in trees I picked but now in his third message on my phone he is saying that he has found some flags laying around and that it had to be me that took them out of the trees I bought and he says I stole them and because he called me right away (left message on my phone) that I shouldn't have planted them and they are not mine and that he is going to come take them back and implying legal action. There were no flags but I have no proof of that except that I have a writen receipt for the trees. what should I do?


Asked on 11/18/05, 1:47 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: seller trying to claim I owe him for mis priced merchandise

worry about it if you are sued.

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Answered on 11/18/05, 2:21 pm


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