Legal Question in Consumer Law in Missouri

Posted retail price

If the price of a product is posted on a sign or label, can a retailer claim that the price is incorrect and refuse to sell it at that price?


Asked on 5/04/04, 8:55 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Posted retail price

Yes, as long as it isn't part of a larger fraud scheme called "bait and switch." In a bait and switch a customer is lured into a store with a ridiculously low price (say $100 for a new washer) and when you get there, they are sold out, or there was an ad misprint, or whatever, and then they say "you didn't want that one anyway, let me show you this one..."

Generally, however, if someone prices a digital camera at $79.99 instead of $279.99, they can refuse to sell it to you for $79.99 because it was a mistake and there was no fraudulent intent on their part.

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Answered on 5/05/04, 8:42 am


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