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  1. #1
    Join Date
    Jan 2010

    Default Honoring Advertised Prices

    My question involves a consumer law issue in the State of: Texas

    I just purchased 2 (two) items from a website that were listed WAY below retail value/ pricing. I have checked the entire site for disclaimers of prices, ads, mistakes and or right to make changes to the prices after purchase. Nowhere did I find any information pertaining to their right to change the prices of the items in my order after checkout/ payment is complete. Therefore I completed the checkout process, paid and was given a confirmation code as well as received an email providing my purchase and payment details.

    So, here I am wondering if they will be honoring this particular purchase price by law or by ethical business practice or not at all. I have done some research now for the State of Texas which is where the physical business location is established. After reading several closed cases from the Attorney General it is my belief that the retailer is obligated to honor the price located within their web site based on the fact that the website is maintained on a regular basis and that the site is registered to sell the products within the site.

    So, I guess my main question is simple. Does a retailer (online or not) have a legal obligation to honor a displayed or advertised price of a product that they are official distributors of?

    Here is the actual link of the item I purchased:

    Any assistance or added information would be greatly appreciated.

  2. #2
    Join Date
    Mar 2007

    Default Re: Honoring Advertised Prices

    there are two legal concepts here to bear in mind.

    One is "bait and switch". this is the illegal practice of advertising an item at one price and then using various techniques to avoid offering the product at the price offered.

    The other is the ability of the website to disclaim or to avoid liability, in advance of the act, for an honest error or mistake in pricing through a written policy.

    this written policy must be available to the buyer in advance of the buy.

    Before you go a step further, go through every page of the website's legal pages and read every word.

    If you see ANYTHING that resembles "and are not liable for prices, offers or discounts printed in error."

  3. #3
    Join Date
    Mar 2005

    Default Re: Honoring Advertised Prices

    Read this case, Perez v Hung Kien Kuu, 244 SW 3d 444 (2007).

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