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Do I have to return a clown fish after a price mistake?

Do I have to return a clown fish after a price mistake?

Q: Can a store refuse to give me a refund for a mistaken price?

A store can refuse a refund if they can prove that the sale was based on a pricing mistake. However, they must inform you of their return policy. If they offer store credit instead of a cash refund, check if this aligns with their policy and state laws.

Q: What is a mutual mistake in a contract?

A mutual mistake occurs when both parties share a misunderstanding about a fundamental fact in a contract. Courts often find that mutual mistakes can void the contract, as both parties are not in agreement on the essential terms. This can lead to different legal outcomes than unilateral mistakes.

Q: Do I have to accept store credit if I return an item?

Whether you must accept store credit when returning an item depends on the store's return policy. If the store's policy states that returns are only eligible for store credit, you may have to comply. Always check the store's policy before making a purchase.

Full question:

I bought a clown fish for $50 from a pet store. This particular clown fish did not have a price assigned to. I asked to buy it assuming it was $20 like the others in a separate tank. The price came up to be $50 and I paid it because it did have a unique design to it. About five hours later, the pet store calls and tells me that I bought a designer clown fish and that the price is really $150. I refuse to authorize another payment and they demanded to fish back. Do I legally have to return it if I already paid for it? I already paid more than the posted price for other clown fish. If I return it because of their mistake, do I have to only accept their store credit if that's their policy?

Category: Contracts
Subcategory: Mistake
Date: 04/07/2025
State: Texas

Answer:

In situations like this, the retailer must prove that enforcing the sale is unreasonable or that you should have known about the pricing mistake. There are two types of mistakes: unilateral and mutual. A unilateral mistake occurs when only one party is mistaken, while a mutual mistake involves both parties sharing the incorrect belief. Courts generally find mutual mistakes more likely to void a contract.

If only one party is mistaken, the contract remains valid unless the other party was aware of the mistake or if it was a simple math error made without gross negligence.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if I think a store made a pricing mistake?

If you believe a store made a pricing mistake, it's important to communicate with the retailer. They may have a policy regarding pricing errors. If the mistake is unilateral (only the store is mistaken), they might not be able to enforce a higher price unless you were aware of the error. Document your purchase and any communications for clarity.