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.


Asked on 1/31/05, 3:15 am

2 Answers from Attorneys

Rob Reed Law Office of Robert A. Reed

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.

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Answered on 1/31/05, 12:22 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 1/31/05, 1:18 pm


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