Lawyers
Team Owner
Joined: Sep 2005
Posts: 29,113
Likes: 2,194
From: Big Bend Country, TX
St. Jude Donor '06-'07-'08-'09-'10-'11-'12-'13-'14-'15- '16-'17-‘18-‘19-'20-'21
NCM Lifetime Member
We've all seen retractions of sales prices for ads that were either on line, in the paper or both. This happens all the time with major chains. Target, Sears, Best-Buy, etc. Time for the o/p to move on.
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Joined: Oct 2013
Posts: 77
Likes: 0
From: Iowa
Sounds like they originally intended to make the price $4,500 ABOVE MSRP, and somebody goofed and made it under by mistake. I'd find another dealer. Hopefully you have a dealer closer who is selling at MSRP or under.
Race Director
Joined: Sep 2006
Posts: 11,199
Likes: 1,139
From: Santa Rosa Beach FL
For Pennsylvania I was taught Offer - Acceptance - Consideration; the three required prongs of a contract. On a state-by-state basis, contract law can be contradictory stuff. I doubt you will succeed, but an attorney will (probably) gladly take your money in the interim. No disrespect to you, but we're much too quick to engage lawyers these days. They made a mistake; I think you know it. Just let it go. Best case scenario, you'd likely spend that much just to prove your point. No winners in the end.
Op may also have had a shot with misstatement of intention on the part of the dealer. A misstatement of intention can constitute fraud when a promise is made by a person who does not intend to keep it. Fraud exists when a dealer misrepresents a material fact, known to them to be untrue or made with reckless indifference, with intention or causing the other party to enter into a contract. Conduct that is unethical is not fraud. Must be an intention to deceive and have those elements.
Acceptance by phone, Email, Fax, etc depends on your individual state.
btw: there are more prongs to a contract then the 3 mentioned. Elements of a contract also include Capacity, Genuineness of Assent, Lawfulness & Proper Form required by law, if any.
OP let the dealer off the hook when stated not to process his application.
I agree w/BBB route or sue the dealer solo in small claims for the difference between the advertised price and new MSRP price.
Last edited by cor28vettes; Dec 9, 2013 at 11:39 AM. Reason: Clarity to a can full of worms
