Missoula, MT asked in Products Liability and Small Claims for Montana

Q: so I was shopping in Washington for a saltwater coral I found one I wanted the employee wasnt sure on the price.

he said he would have to call his boss so as I was leaving he came up to me and said 50 dollars and it's yours so I assumed his boss called him back so I bought it. Couple days later Im home in Montana (4 hours away) the owner calls me wanting it back saying it was a mistake and its worth more than I paid and if I didnt give it back its stealing and he would come find me and make trouble for me idk what that means but I dont want legal trouble does he have any ground to stand on about this issue?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: A Montana attorney should advise on this, as it could involve elements of state consumer or contract law. But your question remains open for four weeks. As a basic premise under contract law regardless of jurisdiction, unilateral mistake involving value is not generally a defense. However, there are additional elements/exceptions to this basic doctrine, which is something that a Montana attorney would be in the best position to advise upon. Good luck

Tim Akpinar

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