question for our attorney friends (or anyone for the sake of discussion)

[SELLERSRODSHOP]

if a certain unnamed major parts supplier has a part listed on their website that is priced wrong (waaay under retail) do they have to sell the part at the advertised price or face any consequences if they refuse??

 

[ko67]

Here is the "law school " answer to this issue. In most cases, except for some rare exceptions, advertisements and marked prices are considered to be preliminary negotiations or invitations for you to offer the suggested price for the item. A binding contract is generally not made until you offer the price, they accept it and you make payment. Even then, courts in many states allow the sale agreement to be rescinded for "mutual mistake" if a reasonable person would have known that the price was unreasonably low for the intended item. (they would, of course, have to make a refund.) Keep in mind that retail advertising is a relatively frequently regulated area in many states. There are consumer protection laws in many places that change the general rule and make retail advertisers potential liable for "Bait and switch" advertising tactics. There are also some situations in which other contracts or obligations change the general rule. For example, online merchants like Amazon usually require their vendor members to honor the prices they quote or suffer removal from the site. I would bet that the parts merchant has some kind of disclaimer somewhere in the catalogue or the website that makes it clear that prices are subject to change without notice, which is consistent with the general rule.

My practical advice is that you order the part at the advertised price and see if they honor it. There is no downside for you if they don't. They are always free to honor an incorrect price to preserve good will.

I hope this helps. Free legal advice is, worth precisely what you pay for it.

 

[scedd]

Has he shafted YOU in the past? - If so then go for it.
Does it seem like a genuine mistake? - If so then do the right thing and let him know of his error.
Does the fact you are asking other opinions mean you are not morally corrupt - I think so.
personally, i am a believer in the theory that i should do what is right, rather than what is best for me. (Unless revenge is required with this specific person)
Do unto others, etc

 

[SELLERSRODSHOP]

Here is the "law school " answer to this issue. In most cases, except for some rare exceptions, advertisements and marked prices are considered to be preliminary negotiations or invitations for you to offer the suggested price for the item. A binding contract is generally not made until you offer the price, they accept it and you make payment. Even then, courts in many states allow the sale agreement to be rescinded for "mutual mistake" if a reasonable person would have known that the price was unreasonably low for the intended item. (they would, of course, have to make a refund.) Keep in mind that retail advertising is a relatively frequently regulated area in many states. There are consumer protection laws in many places that change the general rule and make retail advertisers potential liable for "Bait and switch" advertising tactics. There are also some situations in which other contracts or obligations change the general rule. For example, online merchants like Amazon usually require their vendor members to honor the prices they quote or suffer removal from the site. I would bet that the parts merchant has some kind of disclaimer somewhere in the catalogue or the website that makes it clear that prices are subject to change without notice, which is consistent with the general rule.

My practical advice is that you order the part at the advertised price and see if they honor it. There is no downside for you if they don't. They are always free to honor an incorrect price to preserve good will.

I hope this helps. Free legal advice is, worth precisely what you pay for it.

thanks kev! don't sell yourself short, i've paid good money for some pretty bad advice before :good

i'm gonna hit the purchase button & see how long it takes for the phone call to come. main thing is i didn't want them changing something after the fact & charging me the full price without contacting me first. i also checked the website & didn't see any diclaimers other than the "lowest price guarantee" who knows, it may fly under the radar & i'll get a really good deal, but reality says too many red flags will start popping. my luck is never THAT good, but who knows, its an electronic purchase online where cc payment is instant upon checkout.....

 

[AzPete]

....and we see no sharing of a good deal..... :lol :lol :lol :lol.....hope it works out for you.

 

[guruatbol]

Here in Utah the Attorney General's office like to hear about these types of things. He gets pissed! Well, I think that most websites including mine have a disclaimer that prices may change without notice.

Mel

 

[SELLERSRODSHOP]

Here in Utah the Attorney General's office like to hear about these types of things. He gets pissed! Well, I think that most websites including mine have a disclaimer that prices may change without notice.

Mel

yeah, i checked the site & no disclaimers, but there is one in the printed catalog. i just didn't want to get hung with the $10,000 difference with no warning :lol :lol :lol

 

[sigtauenus]

yeah, i checked the site & no disclaimers, but there is one in the printed catalog. i just didn't want to get hung with the $10,000 difference with no warning :lol :lol :lol

OK, do tell.

 

[stangg]

Last year I purchased an rocker panel that was on sale through a popular chevy parts dealer's web site... Apparently their online sales are funneled through a salesman, and the one who has my account screws up every other time so I got charged full price. Last month I saw something on that same site that I could use. It was listed for something like $15.95 when it should be $159.50. Their mistakes have cost me about as much as the difference, so part of me says go for it... but I'm still not sure. If the order is funneled through a salesman and he verifies against the catalog price, then I'd just assume give my money to a good dealer like NPD and pay full price.

Last week I went to one of the chain auto parts stores to buy an oil pan. Their online price was the best I've seen @ $58. When I got there the guy pulled it up on the 'puter and it showed just over $50. I said, Wow, it's cheaper than your online price... When he went to cash out my order he realized he didn't back out of his screens completely and what he was quoting me was the "commercial account" price... They honored the discounted price without issue.

 

[blue65coupe]

yeah, i checked the site & no disclaimers, but there is one in the printed catalog. i just didn't want to get hung with the $10,000 difference with no warning :lol :lol :lol

Seriously dude, share.

 

[SELLERSRODSHOP]

o.k. hows about a $10,000 crate motor listed for less than $150. i figured out what they did was list the truck freight charge as the price & list shipping as fedex ground. i did find a disclaimer about price & content subject to change without notice, but doesn't say if instant card payment BEFORE any corrections will result in a binding contract. i'm sure with that big of a price difference, honoring the original price to preserve good will as kev put it would go right out the window :eek. i'm tempted to buy it just to see how long it takes before they catch it but mainly how long before they would refund my card. should be a fun experiment, just don't want them correcting their error & charging me the $10k without warning...

 

[AtlantaSteve]

A few years ago, Target advertised Britax Car Seats that normally sell for 300 bucks for somewhere around dollars on their website. My wife's friends zipped this deal around, and several friends ordered one or more. We decided to pass because despite the amazing deal, we didnt' need it. We already have a Britax in her car, and I gotta admit, it is the nicest seat I've ever used. I feel like it's safer and it's DAMN sure easier to get into the car so tightly that it won't budge.

Anyway, stumping for britax aside, All her friends had put in their orders, the money had been held on their credit cards, and Target sends out an email "Sorry, we made a mistake, we're rescinding the offer" and they refunded all the purchases, and never sent any seats.

They started a letter writing campaign and thought Target should honor their price. I see the point of it being a 2 sided agreement, but they knew it was too good to be tree, so I'm sorry...tough crap!

but that was my gut feeling, not a legal argument in any way.

Good luck getting the motor! We know that ain't gonna happen, but hey, good luck!

 

[AtlantaSteve]

should be a fun experiment, just don't want them correcting their error & charging me the $10k without warning...

We have a card agreement at work with our credit card company, and we had to read the entire agreement to make sure our page meets the rules...There is NO WAY they can do that. That's charging you an amount you didn't agree to, and they will get in serious trouble for a 10,000 dollar charging of unauthorized funds.

 

[Starfury]

They'll either call you, or they'll refund the money and send you an email explaining their mistake. They're not going to eat $10k just because of a typo.