• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Additional Charges by Organizations "after the fact"

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lschnack

Guest
What is the name of your state? San Diego, CA

I am trying to find the actual law that prevents businesses and organizations from charging additional fees after a transaction is complete. I am assuming the following...

For example, if you purchased a car, and the salesman didn't charge you for something (say... state taxes or license), they can not charge you for this after the purchase. The dealership would be responsible for any additional costs due to their mistake, and the state certainly doesn't come back and try to collect the fees from the car buyer. A person usually purchases a car based on the costs quoted, and finalizes that transaction. If the amount paid was at the upper end of what they were willing to pay, those "after the fact costs asked for months later" would have caused the consumer to skip certain options or gotten a different car. Charging this after the fact seems like misrepresentation.

This would also be true for a health club membership, buying clothes or other goods and services, where you have been given a cost and paid it. They can't come back almost a year later and say that you owe them more.

While I am looking for the general law, my particular case deals with the City of San Diego. When I got a building permit. Their procedure states that a permit can not be issued until "all fees" for the "approved plans" have been "paid in full". The "claimed missing part" was part of the "approved plans and permit", was paid <including all costs for the city street work>, and the transaction was complete when the permit is issued. There is nothing posted or written stating that it is subject to change, or that the transaction is pending anything. The payment for the transaction was "fully executed" when the permit was paid for and then issued by the city. . I did not "breach the agreement", and the city "accepted payment" and issued the "full permit". 11 months later they said that the auditors found a error by the Permit Department, and I now owe them for the mistake they made. What really bites, is that if I knew about this added fee, I could made a simple change to my plans and avoided it.

--- thanx in advance
 


racer72

Senior Member
Sorry but your anology in both cases in incorrect. Car dealers do not have to accept flawed contracts even if they make the error. The dealer has the legal right to have the purchased make up the difference. Just like those purchasing vehicles, the dealer does not fully read the contract at signing. If the error went the other way, the consumer would want the contract made right. And this also applies to your problem. In fact, the laws when dealing with the government are probably more strict than those between a retailer and a consumer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top