Legal Question in Consumer Law in Florida

Car FLyer

I received a flyer in the mail from a

local Mitsubishi dealer trying to get

business. I was looking at it and all

the cars and photos matched except

one. The title says 2007 Mitsubishi

Eclipse SE for $14,995 but the photo

shows the Concept Car that was

introduced at the car show 2-3 years

ago.

Are they required by law to provide

me that car for that price. Are they

required to sell me that car in the

photo or can they say no we don't

have to.

They allowed their department to

send out a picture of the concept car

from 2-3 years ago and make people

think they are gonna get the car in

the photo and then say no.

I would love to have that car. I love

it. It is the best car I have ever seen.


Asked on 7/23/07, 11:18 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Car FLyer

No they are not. It was an obvious error and one that you recognize is an error.

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Answered on 7/23/07, 11:24 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Car FLyer

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If it was an obvious error, they are not obligated to sell you the vehicle. It is clear that you knew it was not the car being advertised thus it would be hard to argue that you were misled or deceived. Furthermore, all car ads in Florida are supposed to have the vehicle identification number shown. If it is for a different vehicle, then they would most likely be absolved of any liability.

Scott R. Jay, Esq.

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Answered on 7/24/07, 1:00 am


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