Legal Question in Consumer Law in New York

Do online merchants have to honor the price they advertised at all times?

I recently went to a online site in hoping to purchase a camcorder. They advertised the price to be $199.99. I made the purchase online, completed the order form, gave them my credit card information and shipping address. I received confirmation through the website and by e-mail that the order was received that the price of the item is $199.99 plus shipping.

I called one day later to confirm that the order was received and when the item will be shipped out. The merchant told me the price they advertised is incorrect. They meant to post it as $1,199.99.

Do the merchant need to honor their price that they had originally post of $199.99? Even though they claim that it's an human error? There are no disclaimers throughout the entire website stating that they have the right to change the price at any time due to human errors, typos, etc. Please advise. Thanks!


Asked on 7/23/02, 3:07 pm

1 Answer from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

Re: Do online merchants have to honor the price they advertised at all times?

They may be liable to honor the price they advertised. However, if the price was so low as to raise questions, then they are not bound to honor the price.

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Answered on 7/23/02, 9:03 pm


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