Legal Question in Business Law in Maryland

Missleading Advertisement

This is a serious inquiry. As I am in the mist of trying to renovate my kitchen. Within the store, there is a ad that says $88.00 per linear foot for cabinetry. It is specific as to what it includes and does not include. The associate & I made the diagram for my kitchen. When the pre-invoice was printed, there was about 200% or more increase in price. We went over numbers and items. We got rid of all the special items and put everything basic. The new total was $120. I asked the associate why the difference, and he could not come up with an explanation, I was referred up his chain of supervisors. No one could answer. They state they have never had a customer ask. Or that they always initially tell their customers during designing to disregard the displays, software controls pricing. I believe the difference stems from their charging system. It charges items individually (as seen in the pre-invoice) and not as advertised on their display ($88.00 per linear foot). This is a very well know company. If they are misleading customers, then a lot of people are affected. A LOT. My concern is getting a good price for the things to my kitchen, but you can see that they have A LOT of initiative not to honor their advertisements. What to do?


Asked on 11/02/06, 12:02 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Missleading Advertisement

Under contract law, an advertised price does not constitute an offer to sell. Once the invoice containing your specific purchase was put together, that became an offer, and you had the right to accept it or reject it. That being said, reputable stores will honor their advertised price. If it's clear that they are trying to overcharge you based on the advertised price, you should complain to the consumer affairs office if your county has one, or to the better business bureau. If it's a chain, you might contact the customer service office and see if they can intercede on your behalf. If not, and if you have an alternate source for the product, take your business elsewhere.

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Answered on 11/02/06, 1:35 pm


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