Legal Question in Consumer Law in California

Is it legal for a website to auction items they don't currently have without telling the bidder the item is out of stock?

I ask this because I won and paid for an item from a penny auction site. Now, over a month later, after emailing them for two weeks, they finally answered me back saying the item was out of stock and to just be patient and they will send it whenever they get the product.

When I bid on the product it did not say it was out of stock or that it was a pre-order. I was under the impression that they had the product in stock and I would receive it in a timely manner.

They did not offer my money back or give me a date of when to expect my product.

This sounds like it should be illegal.

Asked on 12/13/13, 11:56 pm

1 Answer from Attorneys

Alden Knisbacher knisbacher law offices

I am interested in the details. That sounds illegal.

Please send me your info and documentation to [email protected]

Thank you.

Alden Knisbacher


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Answered on 12/16/13, 7:39 am

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