Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I just purchased a TAG watch from a well known jewelry store last weekend. Two days ago that jewelry store called me and told me that they misquoted the price of the watch and that I owe another $730 dollars on top of what I already paid. The purchase was complete last weekend, I have the receipt to prove it. Can they do this or is the sale final once I get my receipt?”This is a well known trick of car dealerships; buried in one of the forms would be a clause that said if they got any of the calculations wrong, you’d have to come back and pay them more or else give the car back. And surprise, surprise, a day later you’d get a call saying your payments were going to be $50/month higher! The contract clause was called a “MacArthur Clause” named for Gen. Douglas “I shall return” MacArthur… because it made sure the customer would return too.
Question: If you have paid the money and have the watch on your wrist, you should consider the transaction complete, and should be able to ignore their request. If they haven’t delivered the watch yet, then you should get your money back and take your business elsewhere. In no case should you pay them anything more. Finally, you should report them to the Better Business Bureau and your state’s Attorney General or local District Attorney’s consumer affairs office as “MacArthur Clauses”, whether written or implied, are considered fraudulent and are illegal in many states.
