What if all sales aren't final?

[minerk]

What is the name of your state? WY

On July 21, a major nationwide retailer advertised an exceptional price for a big screen TV on their website. The item was indicated as being "only available in stores." I called a nearby store and inquired about the model, which they said they didn't have in the store, but they could get. I asked the price, they gave the same price as the website. I paid for the TV in full using a credit card over the phone. The salesman mailed me the receipt, and the TV is due in on 7/31.

Now I personally haven't been contacted regarding the transaction, but others have had their transactions canceled by store managers citing a memo issued by corporate stating that the TV's had been mispriced and transactions at that price should not be honored.

So where I get confused is in the FAQ section of this site it discusses the case where "all sales are final," and in doing a search of this forum I see where IAAL responded that a contract can be backed out of if one party made "a mistake." In the WY statutes I don't see any reference to a mistake being grounds to terminate a contract.

So which is it? Is the retailer bound by the price that they advertised, quoted, and agreed to, or can they say it was "mispriced" and back out?

 

[I AM ALWAYS LIABLE]

What is the name of your state? WY

On July 21, a major nationwide retailer advertised an exceptional price for a big screen TV on their website. The item was indicated as being "only available in stores." I called a nearby store and inquired about the model, which they said they didn't have in the store, but they could get. I asked the price, they gave the same price as the website. I paid for the TV in full using a credit card over the phone. The salesman mailed me the receipt, and the TV is due in on 7/31.

Now I personally haven't been contacted regarding the transaction, but others have had their transactions canceled by store managers citing a memo issued by corporate stating that the TV's had been mispriced and transactions at that price should not be honored.

So where I get confused is in the FAQ section of this site it discusses the case where "all sales are final," and in doing a search of this forum I see where IAAL responded that a contract can be backed out of if one party made "a mistake." In the WY statutes I don't see any reference to a mistake being grounds to terminate a contract.

So which is it? Is the retailer bound by the price that they advertised, quoted, and agreed to, or can they say it was "mispriced" and back out?

My response:

First, I'd like to thank you for conducting a search of this site for a potential answer.

Second, you won't find a "statute" on the subject. "Mistake" is generally a part of contract law which you will find in case law. However, to help further define this for you in your situation, the "mistake" must be of such a gravity (e.g., price differential) that it would be "unreasonable" to be held to the contract. For example, if the price differential was $800.00 between the price you received, and what the store "customarily" sells the T.V., then that could be considered an "unreasonable" and unenforceable contract. But, if the price differential was $200.00, then you would more than likely be able to hold their hand to the fire, by having a court compel "specific performance" of the contract.

IAAL

 

[minerk]

Thanks for the quick reply. Since the differential was in fact more than $800, I'm sad to say it won't help me rest any easier, so I guess I'll just have to wait and see how this shakes out.

Thanks again!

 

[JETX]

One thing that might help you would be to review the terms and conditions of sale at the online merchant site. If the merchant retains rights to cancel sales, it would normally be noted in the T&C's.

You might also contact the store and ask them what their policy is IF they get into a situation like this. I don't think I would give them the details of your situation, just ask them in general.

Finally, the information at the following site might be of interest:
http://www.haledorr.com/publications/pubsdetail.asp?ID=161216302003
http://www.ed-u.com/online-price-mistakes.htm
http://www.usatoday.com/tech/news/2003-01-29-amazon_x.htm
http://www.madison.com/captimes/business/stories/45062.php

 

[minerk]

Thanks JETX. The retailer's website does say in the T&C's that they may cancel orders for incorrect price. The wrinkle in my situation is that I didn't actually buy the item online. The store's computer showed the same price for the item as the website, so there was no negotiation.

My case is not as extreme as the $1000 TV for $100, it's a $2400 TV for $1250. So basically it comes down to what a judge would decide, reasonable or unreasonable. I'm hoping the retailer will decide it's not worth taking a chance on and let the transaction be completed.

 

[JETX]

Ducasse:
Please do NOT hijack someone elses thread. By posting your information in the middle of theirs, you only divert the attention from the original writer and cause confusion in later responses (as to who they apply to).
Start a new thread with your post and delete your post here. (click on 'edit post', then check the delete box).

 

[ducasse]

Sorry, I was talking to the original author of this thread on another board. I'll post a new topic.