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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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A local automobile dealer recently advertised a vehicle for

Customer Question

A local automobile dealer recently advertised a vehicle for sale on the internet at a deeply discounted price. When I went to look at said vehicle they told me they would not sell it to me at that price. Aren't they obligated to honor the advertised price?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Under California law, the dealer is required to sell you the vehicle at the advertised price.

Did they give you an explanation as to why they would not sell it to you at the price advertised?
Customer: replied 1 year ago.

They said the add was a mistake

Expert:  Zachary replied 1 year ago.
That's an illegitimate reason. They are bound by the advertisement. This would be a claim you could bring for misrepresentation under the California consumer protection laws.

You can sue the dealer for this bait and switch, and you can also file a complaint with the California attorney general: http://oag.ca.gov/consumers

You can also take this information to the dealer and threaten them that they are required by law to stick by the offer or you will sue them and file the complaint. That may force them to capitulate to you.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

Do I just tell them that I am going to file a complaint or do I print something out?

Customer: replied 1 year ago.

I will be away from my computer for a while will reply when I return.

Expert:  Zachary replied 1 year ago.
No problem.

You should just go in and tell them this. Ask to speak to a manager, not the sells person. You will have to be strong and calm and insist that they are bound by the law to provide you with the vehicle at the offered price or you will initiate legal proceedings and file complaints with the attorney general. Tell them you've spoken to a lawyer and have been fully informed of your rights.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I went to the dealer and did what you said. Still wouldn't sell it to me. What next? Already filed with the state attorney general!

Expert:  Zachary replied 1 year ago.
Now you may file suit directly against them and sue them to sell you the vehicle at the price advertised.
Customer: replied 1 year ago.

This is beyond small claims isn't? Can i make them not sell the vehicle in the mean time?

Expert:  Zachary replied 1 year ago.
It depends.

You can sue in small claims for the difference in price that they are advertising vs. what they are selling it for (assuming it is under $10,000).

However, the small claims court cannot force them not to sell it. To do that you would have to file for an injunction with the superior court.
Customer: replied 1 year ago.

So I should talk to a lawyer or do i go to the court house in the county and file suit?

Expert:  Zachary replied 1 year ago.
Filing suit for this sort of thing is VERY complicated. You should talk to a lawyer.

If you google "California bait and switch lawyers" there are firms that specialize in this law who might be able to help you on a contingency basis.
Customer: replied 1 year ago.

Thank You!

Expert:  Zachary replied 1 year ago.
My pleasure.
Customer: replied 1 year ago.
Unfortunately, I can't afford to file a law suit at this time. ( I spoke to my Lawyer). Thank You for your help!
Expert:  Zachary replied 1 year ago.
Thanks for catching up with me. I understand the dilemma!

-ZDN

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