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Dover, DE asked in Contracts and Civil Litigation for Delaware

Q: Can a business enforce additional charges not specified in the signed contract?

I entered into a contract for a new aboveground pool with a total price of $38,000. We paid a $10,000 deposit, and the contract, signed by all parties, indicated the remaining balance was $27,000. We have since paid this $27,000. However, the business claims we owe an additional $1,000 and are threatening legal action. Can they enforce this additional charge even though the signed contract specified a different amount?

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James L. Arrasmith
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Answered

A: When you have a signed contract specifying the total price and payment terms, the business is generally bound by those terms. If the contract states that the remaining balance after your deposit is \$27,000, and you have paid that amount, the business cannot enforce an additional \$1,000 charge unless the contract allows for extra fees or modifications. Any attempt to collect more than the agreed amount without your consent is likely unenforceable.

You should review the contract carefully to see if there are clauses that permit additional charges for unforeseen expenses or changes. If there is no such provision, the business’s claim for extra money lacks a legal basis. They would need your agreement to modify the contract to include additional fees.

If they threaten legal action, respond by providing a copy of the signed contract and proof of full payment. Should they proceed with a lawsuit, the court will rely heavily on the written contract terms. Maintaining clear records and communication protects your rights and helps resolve disputes fairly.

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