is it legal to raise price after paid in full

UPDATED: Sep 30, 2022

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is it legal to raise price after paid in full

About 2 weeks ago, went to get laser hair treatment at a medical spa. I had previously purchased a groupon for 1 area, and wanted to get more areas treated after I was given the total cost of those other areas. The lady who helped me with it, came to a total of an additional of $613 for all areas that I wanted to treat in addition to my purchased groupon. I agreed to the total, paid the $613 in full and proceeded that same day with my first treatment of hair removal on all areas agreed on. A few days later, I got an email stating the price offered was erroneous and the total balance is significantly higher, $2150, than what was offered in the beginning. They also offered a refund of $613. Is it legal for that service provider to ask me to pay more for the same service for which we both agreed on the total price and paid in full before the treatment begins? Or could I be entitled to have them honor their part of the agreement?

Asked on February 13, 2017 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They may only change the price for a mathematical or typographic error which would have been obvious to you at the time, but which you and them both missed. For example, say they gave you a proposal or invoice which listed all the procedures, subcharges, etc. correctly, but they and you happened to add it up wrong. Since you had been provided the information to come to the correct price and they are not changing anything, just correcting a math error, they can make this correction. But apart from cases similar to the above, they cannot change the price after the fact, even if they realized they "should" have charged you more; they would be bound to the agreed-upon price.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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