Legal Question in Consumer Law in Texas

pre order an item in full

I preordered a video game from a local gaming store. I paid for it in full. Several weeks later they informed me that I will have to pay more $ to receive the item. They stated that the software company raised the price. (Something about market value). There was no disclaimer stating that the price might change.

Is it legal to raise the price after you have paid in full the asking price at the time for a preordered item?

Is this some type of theft or fraud?

Thanks,


Asked on 3/21/07, 8:41 pm

2 Answers from Attorneys
Johm Smith tom's

Re: pre order an item in full

This is only a problem for the store if they refuse to give you your money back so you can buy the game elsewhere. I assume you're mad because you found a better price elsewhere.

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Answered on 3/21/07, 10:12 pm
Peter Bradie Bradie, Bradie & Bradie

Re: pre order an item in full

It's actually a breach of contract for sale, rather than theft or fraud.

You now have a choice; pay the extra, get the game, and sue for the excess charges, or, get your money back and shop around for a better price.

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Answered on 3/22/07, 3:16 pm


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