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Trying to buy car online, but seller will not honor their price.

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gobroncos

Junior Member
What is the name of your state?What is the name of your state? Virginia

Hello,

This is my first post, I hope I do it right. Here is the background to my question. I was on auctioncities.com trying to find a used car. I found a newer model car that I was interested in. Looking on the auction I saw that it was listed on 12/21/05 and there had not been any bids. I scrolled down further and saw that they had a Buy Now feature for this auction since no one had placed a bid yet, this feature was still active. I decided to use Buy Now feature at $292.00. After selecting Buy Now a seller contact form came up that I had to fill out, so I did. Shorly after submitting form I received an email stating that the internet sales manager of the dealorship would contact me. He reached me either that day or the next. In the course of the conversation he informed me that the price of the car would be $17,995.00. I told him that I had used the Buy Now feature for $292.00 and wanted the car at that price. After a moment of silence he said that he could not sell the car for that price and he thought it was a mistake on part of the auction site.

I guess my question is, do they have to sell me the car for the listed and agreed upon price stated in the auction? I have heard of dealors having to do this before, but I don't know if that is true. The rules on the auction site state that "... As a seller, if you choose to use the Buy Now feature at the time of listing, you will be able to name a price at which you would be willing to sell your item to any Buyer who meets your specified price. Your listing will be run as a normal auction, but will now feature a Buy Now price. Buyers will have the option to Buy your item instantly without waiting for the listing to end or can bid on your item as usual." This seem very clear to me. They listed the auction on 12/21/05 at 14:32:56 and I did not use Buy Now feature until 1/13/06, so if there was in fact an error in the auction, they had 23 days to correct the problem. That seems like more than enough time to fix something. Also, does the fact I live in Virginia and the dealorship (not a small one either) is located in Knoxville, TN affect anything? Would listing a car on an auction site for a certain price be the same as advertising? And if that is true, would this be false advertising?After talking to me they removed the auction from the site when I checked a couple of days later. They may have listed the same car under a new auction number, I will check today. If someone could please tell me if I have a legal leg to stand on, it would be a huge relief. I just really feel like I got screwed over on this! Thank you for reading thru this long post. Sorry it was so long!

Thank again, - gobroncos
 
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dallas702

Senior Member
The answer is: Of course not!

A mistake in advertising is not considered a guarantee or offer of anything. No judge would uphold your claim.
 

panzertanker

Senior Member
dallas702 said:
The answer is: Of course not!

A mistake in advertising is not considered a guarantee or offer of anything. No judge would uphold your claim.
As devil's advocate....

What if the price of the car had been correct, at 17K, and OP refused to buy it?
Isn't the bid a "legally binding contract" as all these sites state?
Wouldn't the dealer have a good leg to go after the bidder for the sale, in court?
What would the difference be in this case?
As I see it, this was not a mistake in advertising, it was an auction, it was a poor choice for a starting bid...
 

dallas702

Senior Member
panzertanker said:
As devil's advocate....

What if the price of the car had been correct, at 17K, and OP refused to buy it?
Isn't the bid a "legally binding contract" as all these sites state?
Wouldn't the dealer have a good leg to go after the bidder for the sale, in court?
What would the difference be in this case?
As I see it, this was not a mistake in advertising, it was an auction, it was a poor choice for a starting bid...

Yeah, but this case is like taking your car out on a frozen lake and stomping on the gas peddle. Going nowhere but down. ;)
 

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