Legal Question in Technology Law in California
Information related to internet sales and the responsibilties of the seller
As I was searching on the Putnam Chevy website, I can across a listing for Price: $ 371
VIN#: 1GNEC13V95J183353
Stock#: C5615
Type: 4 Door SUV
Exterior Color: Silver Birch Metallic
Interior Color: Gray/Dark Charcoal
Transmission: Automatic
Engine: V8 4.8L
Does the dealer have--name removed--honor this price? I have the ad printed out and I have put in an offer through their website. Can I take any legal action.
2 Answers from Attorneys
Re: Information related to internet sales and the responsibilties of the seller
No. The fact that you have to ask indicates that you understand that this price is completely unreasonable.
Do the right thing and notify the seller of the error so he can fix it.
Re: Information related to internet sales and the responsibilties of the seller
Advertising a price is not the same thing as making an offer; otherwise hundreds of people could accept it and claim the right to buy the same item. Instead, an advertised price is an invitation to do business with the seller. The seller is free to change the price of an item at any time unless he has contracted not to. Advertising a price does not form such a contract.
Additionally, if a seller mistakenly offers an item or service at such a low price that the buyer knows or should know that it is a mistake, the buyer cannot take advantage of that mistake. This is what you are trying to do, and the fact that you asked your question shows that you realize the listed price is incorrect.
Unless the dealer deliberately listed an incorrect price in order to lure customers and sell them other vehicles at higher prices (this practice is commonly known as a "bait and switch"), you have no rights against it.