Legal Question in Consumer Law in Florida

swindled by seller

Expecting to pay not much more than $10 ($30 at the most, if really overpriced)I was buying something from a store in miami beach. the display on the register read $8 something so i thought i was getting a pretty good deal. Then i was handed the reciet and as I was signing I noticed it read over $200. Then I looked at the register and it read the same price. I was taken aback, and did not know what to do- i had already signed the reciet. Perhaps i should have ripped the reciet up at that moment, but i didnt think of that then- I was kind of froze. So they took the signed reciet; with an upbeat attitude one of the guy put another item on the counter telling me thats included in the deal, because he's such a nice guy...They gave me warranty paper to sign- (I signed because they already had reciet, and i did not want to lose out on the warranty-mistake?) Feeling really low, like i had been just robbed i walked out the store, and did research. the item i purchased goes for about $5 online ( so $8 would make sense) I went back to the store and they told me It was the other item (the one told was included after purchase) thats worth the majority of the price. In reality its worth far less than they claim. they told me no refund at front


Asked on 4/25/09, 9:36 pm

2 Answers from Attorneys
Raymond LaBella LaBella Law, P.L.

Re: swindled by seller

If you put your transaction on a credit card, then you may be able to dispute the transaction within 60 days of purchase through your credit card company. You will need to call the credit card company to have them send you out a dispute form, but you should also put your dispute in writing and mail it to the credit card company immediately to preserve your legal right to dispute the transaction. If you don't get your WRITTEN dispute filed with the credit card company within 60 days of the transaction, the credit card company will be unable to help you.

The credit card company will initiate a chargeback to the merchant. The merchant may respond to the chargeback, and the credit card company will attempt to bring the matter to a resolution as best it can, depending upon its agreement with Visa/MasterCard and other regulations.

If that fails, then you might be stuck with your purchase since the facts tend to sound pretty close to buyer's remorse. Not that I am saying that is what has happened, I am only saying the circumstances are similar, and that would definitely be the merchant's argument.

E-bay may be a fair back-up plan if you strike out with the credit card company. Or you could try filing a complaint with the local Better Business Bureau (they offer arbitration services on complaints).

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Answered on 4/25/09, 10:59 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: swindled by seller

Why did you go through with the sale when presented with the bill for $200. Sounds like yo competed the transaction knowing the price. It is probably too late to back out now.

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Answered on 4/26/09, 12:59 am


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