a friend won an online auction (put on by a newspaper company) the Prize was an $8,000 kitchen remodeling. Friend wants to use it just to get the $8,000 value not spend any more. Remodeling place says you must get full remodeling cost est. $18,000-$8,000 prize= They need to pay $10,000 . Remodeling place just sells the items don't do the work, then they need to pay someone for that also. This this legal? Friend spent over $900 on newspapers to get auction bux, bid & was the highest bidder. Needs to pay tax on the prize and needs to spend more money just to use the prize. If they don't use it do they still pay prize tax? Can you be forced to spend more money or is the legal thing to let you use the value up to $8,000 if that is what you want to. Thank you.
1 Answer from Attorneys
In Ohio, the Consumer Sales Practices Act has a great many protections for consumers. One of the things it prohibits is phony offers. I have seen kitchen remodels on Angie's list for 3,000 to $5,000.00. You could argue that offering an $18,000.00 kitchen remodel to go with the $8,000.00 prize is a bit of a phony offer. Further, if the ad was worded that you would get an $8,000.00 remodel and did not say anything else about having to meet other conditions, then that may be a violation of the CSPA as well.
Much will depend upon the specific wording used. If you want to speak with an attorney on this you can email me at [email protected] I don't charge for an initial consultation to look over what you have to see if you have a case under the CSPA.
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