store gave me incorrect item

[chili1]

What is the name of your state (only U.S. law)? NY
I purchased an 1100 dollar air compressor for my husband for fathers day it was the second biggest one however I couldn't afford the bigger one that was 2100 dollars. I had the compressor loaded on the truck and paid someone to come to my home to unload it for me. We gave it to my husband that night. He made the comment "OMG I can't believe you got me the big one"! I had no idea they loaded the incorrect compressor on the truck. I didn't tell him anything as I really wasn't sure if it was the correct one or not (they all look the same to me). I called the store the next day to see if it was the correct one and it wasn't...they loaded the 2100 dollar one on my truck and that is the one I gave my husband. I am now stuck...they want to come pick it up and bring me back the smaller one however I so disappointed because I had been saving for the air compressor that I had gotten him however now when he gets the smaller one it is going to be such a let down. Does the store have the right to take back the one they sent in error? What do I do?

 

[Shadowbunny]

What is the name of your state (only U.S. law)? NY
I purchased an 1100 dollar air compressor for my husband for fathers day it was the second biggest one however I couldn't afford the bigger one that was 2100 dollars. I had the compressor loaded on the truck and paid someone to come to my home to unload it for me. We gave it to my husband that night. He made the comment "OMG I can't believe you got me the big one"! I had no idea they loaded the incorrect compressor on the truck. I didn't tell him anything as I really wasn't sure if it was the correct one or not (they all look the same to me). I called the store the next day to see if it was the correct one and it wasn't...they loaded the 2100 dollar one on my truck and that is the one I gave my husband. I am now stuck...they want to come pick it up and bring me back the smaller one however I so disappointed because I had been saving for the air compressor that I had gotten him however now when he gets the smaller one it is going to be such a let down. Does the store have the right to take back the one they sent in error? What do I do?

If they had loaded a cheaper one than what you had paid for, would you let them keep the extra money?

 

[LdiJ]

If they had loaded a cheaper one than what you had paid for, would you let them keep the extra money?

This forum is about legality.

We can all be genuinely in agreement as to the morality of a situation, but if that is not the legal reality, our personal opinion mean sqatt..

 

[chili1]

This forum is about legality.

We can all be genuinely in agreement as to the morality of a situation, but if that is not the legal reality, our personal opinion mean sqatt..

I agree...and normally I would say it needs to go back to the store but due to the fact that I gave this as a gift I am really put in a difficult place. I would like to know if legally I have a leg to stand on in saying they can't just take it back. If I hadn't called they would never have known.

 

[I'mTheFather]

This forum is about legality.

We can all be genuinely in agreement as to the morality of a situation, but if that is not the legal reality, our personal opinion mean sqatt..

Oh, please. I can't think of a single member who hasn't expressed personal opinion on these boards, including you.

Shadowbunny had a good question. Huh, actually bunny didn't even express an opinion.

 

[justalayman]

I agree...and normally I would say it needs to go back to the store but due to the fact that I gave this as a gift I am really put in a difficult place. I would like to know if legally I have a leg to stand on in saying they can't just take it back. If I hadn't called they would never have known.

you being in a difficult place based on your feelings is irrelevant.


here is the simple answer:


look at your receipt. Does it list the model you gave to your dad? If not, you did not purchase it. The one you purchased is back at the store. I would suggest accepting their offer of delivering the correct unit while taking away the incorrect unit.

 

[OHRoadwarrior]

I would try to negotiate purchasing the now used unit for a couple hundred more before anything is done.

 

[Dave1952]

Explain to the store that they can not come and exchange the compressor. You no longer have it since you gave it as a gift. It's gone. Let the store make the next move. I think eventually they'll eat the cost of their mistake.

 

[Zigner]

I would try to negotiate purchasing the now used unit for a couple hundred more before anything is done.

The unit was new when the error was discovered. If the OP subsequently caused the unit to be used, then that use is on him/her.

 

[Zigner]

Explain to the store that they can not come and exchange the compressor. You no longer have it since you gave it as a gift. It's gone. Let the store make the next move. I think eventually they'll eat the cost of their mistake.

Or, they may sue the OP.

Dave, why would you suggest that the OP lie about this? Bad form.

 

[Dave1952]

What lie did I encourage? She no longer has the compressor? You're right. I assumed that the gift was not marital property but in NY it is, so she does have the compressor.
I still think she should wait them out. This is their mistake, not her's. If they do head to court, then offer to settle but not a moment before.

 

[justalayman]

What lie did I encourage? She no longer has the compressor? You're right. I assumed that the gift was not marital property but in NY it is, so she does have the compressor.
I still think she should wait them out. This is their mistake, not her's. If they do head to court, then offer to settle but not a moment before.

not stating her retaining it is legal or not but simply addressing your statement and that of marital property.


You cannot gift something you do not have a legal claim of ownership yourself. That means, if she cannot legally retain the compressor she brought home, she cannot legally give it to her husband so marital property nor the subsequent transfer of ownership valid.