• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can retailer require second item in order to purchase first?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jay968

Member
What is the name of your state (only U.S. law)? California

Can a retailer who normally sells an item by itself (such as a dishwasher) all of a sudden require that you purchase something else along with it (such as $200 worth of dishwasher fluid) or he won't sell to you?
 


cyjeff

Senior Member
Yes.

You have the option not to purchase this item.

The car dealer can say that you can't purchase the car unless you buy an extra set of tires.

If this is a condition of the sale, you can, of course, choose not to buy it.
 

Jay968

Member
"Then buy it on their web site, problem solved!"

How is this answering my question?

If a store has a website advertizing an item by itself and gives a price for that item, can they turn around and require a second item to be purchased in order for me to purchase that one main item in the store?
 

Zigner

Senior Member, Non-Attorney
"Then buy it on their web site, problem solved!"

How is this answering my question?

If a store has a website advertizing an item by itself and gives a price for that item, can they turn around and require a second item to be purchased in order for me to purchase that one main item in the store?
Yes. Buy it on their web site, problem solved! Get it?
 

Jay968

Member
Yes. Buy it on their web site, problem solved! Get it?
No. Maybe I am stupid but I am sorry, I DON'T get it.

At first I asked if a retailer can require a second item to be purchased in order to sell the original item. I got the answer that I was looking for ("yes they can") but then I decided to ask a related question..."if they advertize the same item on their web site WITHOUT requiring a second item to be purchased at the same time can they get away with this?" It's the same store...I see the item on their website and its price. I go into the store and am told I must purchase something else along with it. Is this ok for them to do?

Isn't this effectively a bait an switch since they are advertizing it one way but requiring the purchase of the second item once you get there?
 

Zigner

Senior Member, Non-Attorney
No. Maybe I am stupid but I am sorry, I DON'T get it.

At first I asked if a retailer can require a second item to be purchased in order to sell the original item. I got the answer that I was looking for ("yes they can") but then I decided to ask a related question..."if they advertize the same item on their web site WITHOUT requiring a second item to be purchased at the same time can they get away with this?" It's the same store...I see the item on their website and its price. I go into the store and am told I must purchase something else along with it. Is this ok for them to do?
Yes, it is ok for them to do.

Isn't this effectively a bait an switch since they are advertizing it one way but requiring the purchase of the second item once you get there?
No, it is not, as they are NOT advertising the item being available in the store, they are advertising it being available ONLINE. Buy it on-line...problem solved. Get it NOW?
 

CourtClerk

Senior Member
No. Maybe I am stupid but I am sorry, I DON'T get it.

At first I asked if a retailer can require a second item to be purchased in order to sell the original item. I got the answer that I was looking for ("yes they can") but then I decided to ask a related question..."if they advertize the same item on their web site WITHOUT requiring a second item to be purchased at the same time can they get away with this?" It's the same store...I see the item on their website and its price. I go into the store and am told I must purchase something else along with it. Is this ok for them to do?

Isn't this effectively a bait an switch since they are advertizing it one way but requiring the purchase of the second item once you get there?
I go on walmart.com and find an item I want for $50.00. I decide to go into the store 3 blocks away, see the same item and it's $75.00. Is it legal? Absolutely. So what do I do? Go back home, go on walmart.com and buy the item online.
 

justalayman

Senior Member
There may be a failure to communicate here.

Jay, can you purchase merchandise on their website or is it basically an informational only site?
 
What is the name of your state (only U.S. law)? California

Can a retailer who normally sells an item by itself (such as a dishwasher) all of a sudden require that you purchase something else along with it (such as $200 worth of dishwasher fluid) or he won't sell to you?
If it is being sold w/o the notice that you have to buy something else, then it must be sold by itself. Contact your state attorney general's office & file a complaint if you wish.

If it has a price tag on it, thats what they are contacting to sell.
 

Zigner

Senior Member, Non-Attorney
If it is being sold w/o the notice that you have to buy something else, then it must be sold by itself. Contact your state attorney general's office & file a complaint if you wish.

If it has a price tag on it, thats what they are contacting to sell.
Ignore this guy - he's got a rep for posting blatantly false info.
 

FlyingRon

Senior Member
You want to give us an actual? Just because they sell it under different terms on the website doesn't necessarily mean they have to honor it under those terms in the store (though I might talk to a manager about that contradiction). Unless the website explicitly indicates that it's showing you the in-store prices (which wal*mart certainly does if you select the right options), it's not "advertising" of what's available in the store.
 

Jay968

Member
OK first let me say I am not looking to purchase anything. The purpose of this posted question was for informational purposes. I would rather not name the company but it is one I work for. They are doing this and I want to be able to talk to someone about it with some knowledge of what I am talking about.

That said, they do sell from the website and the web site does state that their prices may vary, but that's it. It explains this by stating that they have higher overhead in the stores. There is no mention that certain products may or may not be available with or without additional items in the store.

What I wonder is whether the website can be construed as an ad for them and thus they are not following what this 'ad' states.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top