Legal Question in Credit and Debt Law in Florida
Company Accidently Refunded Too Much Money
I was buying a condo last year Sept. from an undisclosed builder (Builder X). Builder X requested the down payment be paid at 2 separate points � the first portion of $5000 paid when the initial contract was signed and the second portion of $8000 paid 30 days later (a total of $13000). I signed and paid the first portion. The 30 days pass and I now write a check for the second portion. A few days after I paid the second portion of $8000, I decided that I no longer wanted the condo and requested the sales contract be cancelled. Builder X agreed and stated that they would refund the money to me within a specified time frame; however, I noticed that the $8000 check was never cashed. I decided to place a stop payment on the check to save them time from refunding it back. Weeks later I received the refund � the entire $13000! They had accidentally given me the entire amount when they should have only given me $5000. Fast-forward to March 2007 � Builder X now calls me and tells me that I owe them $8000 and that I need to pay it immediately. My question is: Are they legally allowed to take the money from me or can I say no and be legally ok? Additionally, if I am required to give the money back, how much time do I have to repay it back?
1 Answer from Attorneys
Re: Company Accidently Refunded Too Much Money
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.
Yes.... you are required to give them back the money immediately. You have absolutely no right to keep the money. You are lucky that they have not yet pressed criminal charges against you or in the alternative sued you in civil court for civil theft which allows TREBLE damages or three times the amount in question if they can prove their case together with court costs and attorney's fees.
I would suggest you do everything possible to get the money back to them as soon as possible to avoid much worse penalties.
Scott R. Jay, Esq.
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