Is an online retailer obligated to honor an advertised price that was a mistake?

Attorney answers (2)

1. Licensed in NE

   

   Brendan Kelly

   Omaha Criminal Defense Attorney

   Contributor Level 16

   Answered August 17, 2012 07:05. They should be able to get away with the cancellation. Does not appear that the time was sufficient to bind the seller.

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2. 

   Maurice N RossPro

   New York Intellectual Property Law Attorney

   Contributor Level 19

   

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   Answered August 18, 2012 16:10. Yes, if the price was a mistake the retailer can almost certainly cancel the order. This is especially so if they realized the mistake in a short time period before you relied to your detriment on receiving the product at the advertised price. You did not suffer any adverse consequences from this mistake---other than not getting the bargain you hoped for. It would be different if they shipped the telescope to you, you began to use it for a while, and then they tried to bill you more for it----they couldn't do this. But they are permitted to cancel the order in a situation like this.

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