Legal Question in Consumer Law in New York

Last year February 2010 we purchased appliances from Orville's Appliance Store. We chose the one year free financing plan with GE Money and paid our account in full in May of 2010 with our income tax refund. In January of 2011 I closed the credit account with a 0 balance. This past May 2011 we recieved a bill for 824.00 from Orville's. When I called them they said they accidentally didn't bill us for the dishwasher portion of our bill. I was researching this when I recieved a past due bill from Orville's. In addition they attempted to add this amount to our GE money credit account but was unsucessful because it was a closed account. What are my legal options here? Thank You Kris


Asked on 6/28/11, 6:58 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Orville's mistake in failing to invoice you initially for a product that you purchased and use, will not absolve you from paying for it, for under New York Law you will be "unjustly enriched" due to someone's careless oversight.

I suggest the following solution. Call Orville and speak to the manager. Arrange to meet him in the store at a convenient time. Explain your situation. Offer to pay for the dishwasher in cash, if they are willing to give you up to a 20% discount to foster good will and providing them, with your family and friends, more business in the future. I am sure if you are reasonable, you will not walk away unhappy; perhaps a little lighter in the pocket!

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Answered on 6/28/11, 9:23 am


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