QUESTION
Who is responsible for the employee's mistake?
Asked on May 22nd, 2013 on Bankruptcy - California
More details to this question:
May 3rd 2013, I purchased a 12 x 16 shed from a local business. I have a "contract of sale" where everything is itemized that we would receive in the package, as well as the final amount. It was a custom package, in which I worked with him to keep the cost down. The contract is signed and dated May 3, 2013. On May 15th (12 days later) he called me to say he had "made a mistake on his figures by about $900 dollars. He started changing things on the original order to "save money" but still said we owed another $500. The total price for the shed I signed for on the contract was $9,402.37. I put $3700 down and the rest is due on completion this evening. He changed the type of flooring insulation to a cheaper one to "save some of the difference" and wants an extra $500+. I feel like I'm being swindled. Originally I talked with a young lady about the shed and got a rough estimate. When I went back in the next day to order, he raised several of her prices saying "she doesn't really know everything". Yet she was left there to run the business that day. If I tried to alter the contract, I would be in trouble. My question is, can he do this? Or is he responsible for his own mistake? They are supposed to build the shed today. Thank you for your response.
8 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Pay him what you agreed to and tell him to sue you for the rest (after the shed is built of course). Do not sign any amendment to the contract.
Answered on May 24th, 2013 at 1:18 AM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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The party drafting the proposed contract is responsible. If the party drafting made a mistake, two things can happen: The contract is void and the deposit must immediately be returned in full, or the contract is enforceable and you go to court to sue for breach of contract, demanding either the deposit returned with interest or full performance of the contract as signed or payment for securing comparable goods the breaching party promised to deliver but then refused to deliver.
Answered on May 23rd, 2013 at 3:21 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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If you had a contract. Tell them that you will enforce the contract. The only thing that would allow them to change it is if you knew that a mistake had been made and were trying to take advantage. It does not appear that that is the case.
Answered on May 23rd, 2013 at 3:19 PM
You probably are only responsible for the original contract if you and the vendor signed it.
Answered on May 23rd, 2013 at 2:20 AM
Your question involves a contract dispute. The facts are too complicated to give an answer here, especially without reviewing the documents.
Answered on May 23rd, 2013 at 2:20 AM
Alexis Anne Plunkett
He is responsible for the mistake; you have a sales contract. He's gotta eat that $500 that he says you owe.
Answered on May 23rd, 2013 at 2:20 AM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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They are responsible unless the error was known to you upon signing or should have been obvious to someone in your position. However, you have to assert your rights before they put up the structure, as contracts can be modified.
Answered on May 23rd, 2013 at 2:19 AM
Steven Lee Miller
employer is responsible for all business related costs per labor code section 2802.
Answered on May 23rd, 2013 at 2:18 AM