Legal Question in Real Estate Law in Florida

real estate

If a house is posted on a agency's web site for a certain amount, are the obligated to sell it for that amount? I saw a house on a professional web site for 200 dollars. I called the agent and she said it was really 200,000, but has yet to correct her web site. Is this false advertising? And could I actually buy this house for $200?


Asked on 6/01/07, 12:25 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate

I can't speak for Florida, but in California and most other jurisdictions the law of contracts requires a "meeting of the minds" on what the offer and acceptance and the resulting contract are all about, including the major terms. When there is a material and obvious mistake, such as printing "$200" where "$200K" or "$200,000" was obviously meant, there has been no meeting of the minds and no judge or jury would find that a contract had been formed by a purported "acceptance" of a $200 "offer." There is a likely further defense that a real-estate listing is a mere solicitation of offers, not an offer in itself; note, for example, that the first paper the buyer presents to the seller is entitled "offer" and not "acceptance."

Finally, the false advertising laws are designed to punish advertisers who engage in willful acts of deception, not those who make innocent or even negligent mistakes.

Read more
Answered on 6/01/07, 12:56 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida