Legal Question in Business Law in Kentucky
Internet Ad false advertising
I found a service and product that I wanted to purchase from a internet ad. I printed the ad and called the company to purchase the service and product. I was informed that the ad was incorrect that it should have read $5000 not $500! The company stated they could not honor the ad and that I should contact the ad company who created the ad and I got the same response. I have a copy of the ad. What should I do from here?
2 Answers from Attorneys
Internet Ad mistake
Either buy the product/service for $5000 or forget about it.Mistakes happen.Anyway, an ad is normally only an invitationfor offers, not an offer that you can acceptto form an enforceable contract. So they are privileged to change the deal.
Internet Ad Error
Sorry, but you're out of luck. Based on the facts as you have set them forth, there has been no harm -- at least none that the law will recognize.
Errors in advertisements happen all the time, and the seller is not obligated to honor an erroneous price quote. An advertised price is not a contractual obligation, and no one has a right to force a seller to honor it. Thus, even if the seller actually HAD intended to sell for $500, he/she was entitled to raise the price to $5000 and refuse to honor the lower price.
It would be a different story if the seller had actually accepted your $500 and then tried to extract another $4500 from you. As it is, you haven't been damaged and you have no remedy.