Must a seller honor an incorrect but advertised price?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must a seller honor an incorrect but advertised price?
There is a car dealership advertising a brand new car for $1,061 on their website. Obviously this is a mistake and apparently this amount is the discount, nevertheless, it says the selling price for this vehicle is $1,061. Will this dealership be obligated to sell the car to me for this price? If so and they refuse, am I able to sue them?
Asked on July 20, 2011 North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A contract requires an offer and acceptance. Merely advertising a price is not by itself an offer because it lacks definite terms such as time for delivery, method of payment, etc.
Even if it had satisfied the requirements for an offer, since you knew or should have known of the mistake, you would not be able to enforce it against the other party upon your acceptance pf the offer. There is a fundamental principle of contracts that a party who knew or should have known of a mistake cannot enforce it against the other party to a contract. You would not prevail in a lawsuit against the auto dealer.
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 AttorneyPages.com 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.