Legal Question in Consumer Law in Louisiana

Breach of Purchase Agreement

What recourse does a buyer have if a seller, after having been paid for an item, decides not to sell the item because he says he priced the item incorrectly? I paid for an item that was on lay-a-way and the seller advised me, after the fact, that he could not sell it to me because he priced it wrong. I was picking up the item up at the time he made this discovery and it was completley paid for prior to his discovery. Can the seller legally do this? I have all the accompanying receipts and paperwork.


Asked on 9/03/05, 2:52 pm

1 Answer from Attorneys
Chad Dudley Locke Meredith, Sean Fagan & Chad Dudley

Re: Breach of Purchase Agreement

The first concern is whether anything was put into writing. If there was a Purchase Agreement that was signed by both parties to the sale, then you would look to that document for your answer. If the price is clearly stated, and the terms of the purchase are clearly laid out, most likely you could lock the seller into the agreed upon price. An attorney would have to review this Purchase Agreement to give you a more concrete opinion.

If nothing was put into writing, then you will have a much more difficult time holding the seller to the price. The receipts and paperwork that you refer to could be used to confirm that a sale was entered into, the price was paid, and that the item now belongs to you. Again, I would recommend having an attorney review these documents with you to determine whether or not you could hold the seller to the agreed upon price.

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Answered on 9/06/05, 12:58 pm


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