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IANAL. Any U.S.-based lawyers out here? I believe a listed price is an "invitation to treat" which means a retailer can charge whatever they like regardless of

IANAL. Any U.S.-based lawyers out here? I believe a listed price is an "invitation to treat" which means a retailer can charge whatever they like regardless of listed price (whether in a physical or online store), but at what point can't an online retailer cancel/back-out of a transaction? Let's say the merchant and buyer are both California-based for simplicity. Would it be legally similar to "theft by discovery" (e.g., taking money falling out from an overturned armored truck) for accepting goods sold at an excessive, erroneous discount? Or would it require proving intent on part of the buyer that the price was a serious mistake they deliberately acted in bad-faith to exploit? Let's say the (over-simplified) phases of a transaction are: 1. Agreed - Buyer clicks "Buy". 2. Paid - Payment is posted. 3. Shipped out - The product leaves the custody of the merchant. 4. Received - Customer receives the product.

iscrewyou 7y ago
2007ish time, I found a TV ok Best Buy for $35 which was originally maybe $1500. It was through one of these deal sites(may have just been Slickdeals). I ordered it. A day later, they cancelled the order saying they have the right to cancel any order they wish. I didn’t say anything back.
paranoidrobot 7y ago
I'm also not a lawyer, but they have the ability to correct the error right up until it's delivered to you - every online retailer has something like that in their T&Cs. There's been plenty of cases where retailers have cancelled order and refunded any moneys paid and customers have had no recourse to enforce the contract. After you've got the goods in your hands - well, there's likely a lot less they can do about it. Some resources for the US here: https://smallbusiness.chron.com/company-advertising-price-wrong-responsible-mistake-73117.html https://smallbusiness.chron.com/company-advertising-price-wr... Changing the price after the fact, or demanding you return it - well... That could end up with them in a whole lot of hot water themselves.

iscrewyou 7y ago

2007ish time, I found a TV ok Best Buy for $35 which was originally maybe $1500. It was through one of these deal sites(may have just been Slickdeals). I ordered it. A day later, they cancelled the order saying they have the right to cancel any order they wish. I didn’t say anything back.

paranoidrobot 7y ago

I'm also not a lawyer, but they have the ability to correct the error right up until it's delivered to you - every online retailer has something like that in their T&Cs. There's been plenty of cases where retailers have cancelled order and refunded any moneys paid and customers have had no recourse to enforce the contract. After you've got the goods in your hands - well, there's likely a lot less they can do about it. Some resources for the US here: https://smallbusiness.chron.com/company-advertising-price-wrong-responsible-mistake-73117.html https://smallbusiness.chron.com/company-advertising-price-wr... Changing the price after the fact, or demanding you return it - well... That could end up with them in a whole lot of hot water themselves.