Legal Question in Consumer Law in Texas

Order on line canceled by store because of store's mistake in pricing

I ordered some trading cards on-line from a store in Florida. I have a printout of the order from the store. I e-mailed them to find out the status of the order and recieved the response bellow.

''Your order is still pending and has not been charged. We are going to have to cancel this order though due to a mistake by our company. The price of the card is actually 36.99, and we are unable to sell it for .99. I apologize for the inconvenience that this has caused you.

Thank you and have a great day.


Customer Service''

My questions are: (1) are they or are they not oblogated to sell me these cards at the price they had listed? and (2) If they are how do I get them to comply?

Asked on 3/12/03, 3:30 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Order on line canceled by store because of store's mistake in pricing

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: It sounds like there may be a contract and they would be obligated to the .99 price; unless it was reasonable to assume that the price was a mistake. If you want to enforce your rights, you would need to sue, and the cost of even filing a complaint and having them served with it will far exceed your $36.99 demand.

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Answered on 3/12/03, 6:28 pm

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