Must a company honor an advertised sale price?

[bethany21661]

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

while shopping for a car online I noticed a dealer in my area had a van listed for $100. When I called them to ask about it they said it was a mistake and couldn't sell it to me @ that price. Shouldn't they be obligated to honor the price they advertised?

 

[JETX]

Shouldn't they be obligated to honor the price they advertised?

There is NO legal obligation that they honor a misprint or a clear advertising error.

 

[swalsh411]

Under common law tradition, advertisements are "invitations to negotiate" not offers to sell.

 

[JETX]

Under common law tradition, advertisements are "invitations to negotiate" not offers to sell.

And of course, that is NOT true.
An advertisement is an OFFER (to sell).... but it is NOT an 'invitation to negotiate'.

 

[Mass_Shyster]

And of course, that is NOT true.
An advertisement is an OFFER (to sell).... but it is NOT an 'invitation to negotiate'.

Gee, I guess someone should start telling the Federal Judges in NY about that.

Advertisements, price quotations, and price lists generally do not constitute offers but are instead usually considered requests for offers or invitations to negotiate Trell v. American Ass'n of Advancement of Science 2007 WL 1500497, 6 (W.D.N.Y.) (W.D.N.Y.,2007)

 

[JETX]

Gee, I guess someone should start telling the Federal Judges in NY about that.

Interesting statement... considering that the case you cited shows my post was CORRECT.

Here is what the court said:
"Having reviewed the Amended Complaint, the Court finds that, upon the facts as alleged in the Amended Complaint, this claim must be dismissed because no contract was formed. Quite simply, the Court finds that the advertisement for “news tips” on the ScienceNOW website cannot be construed as an offer, nor did it in any way create a unilateral contract. Statements that urge members of the general public to take some action in response thereto, as is clearly depicted in the Amended Complaint herein, are commonly characterized as advertisements. Advertisements are not offers — they invite offers. Likewise, responses to advertisements are not acceptances — they are offers.

(In general, advertisement does not constitute contractual offer and is not transformed into an enforceable contractual offer merely by a potential offeree's expression of willingness to accept it); Restatement (Second) of Contracts §2610.

 

[You Are Guilty]

Did NY go and annex Maryland again? I must have missed the memo.

 

[HomeGuru]

Did NY go and annex Maryland again? I must have missed the memo.

**A: yes, they must have by the NY judge's adjudication. Boy, the nerve of them thinking they have the power to do that.

 

[Mass_Shyster]

First you wrote

And of course, that is NOT true.
An advertisement is an OFFER (to sell).... but it is NOT an 'invitation to negotiate'.

and say that your statement is supported by this:

Interesting statement... considering that the case you cited shows my post was CORRECT.

Here is what the court said:
"Having reviewed the Amended Complaint, the Court finds that, upon the facts as alleged in the Amended Complaint, this claim must be dismissed because no contract was formed. Quite simply, the Court finds that the advertisement for “news tips” on the ScienceNOW website cannot be construed as an offer, nor did it in any way create a unilateral contract. Statements that urge members of the general public to take some action in response thereto, as is clearly depicted in the Amended Complaint herein, are commonly characterized as advertisements. Advertisements are not offers — they invite offers. Likewise, responses to advertisements are not acceptances — they are offers.

I think you're confused.

 

[HomeGuru]

First you wrote


and say that your statement is supported by this:



I think you're confused.

**A: I did not write those things.

 

[Zigner]

First you wrote


and say that your statement is supported by this:



I think you're confused.

You're cutting off the statement two words too early

 

[Mass_Shyster]

**A: I did not write those things.

Sorry, I fixed the quotes.

 

[HomeGuru]

Sorry, I fixed the quotes.

**A: I still did not write what you quoted.

 

[Mass_Shyster]

**A: I still did not write what you quoted.

I apologized and correctly attributed the quotes to JETX. I don't know what else you want.

 

[tranquility]

Not only would I think a case describing basic black letter law would be a good description no matter what state (except Louisiana) it was from, but also I bet we can find controlling authority which says the same and am uncertain to some of the complaints against Stevef here.

The weird thing is is that every substantive answer was right. I liked JETXs first one the best (#2) and his second one (#4) the least.