Q: A contractor won't honor their own promo. What can I do?
I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal UV system purifier with every install of furnace AC complete system.".
Their response is, "That promo isn't supposed to be there anymore since covid. I'll talk to the person responsible, unfortunately I cant discount the price I gave you by 10% I just don't have the room as I gave you the best price possible on my end. I will give you the uv purifier just because that ad is still there. Please let me know if that works.Thanks."
The promo on the website has no stated expiration or fine print what so ever.
A: This will be difficult and expensive to litigate. Without actual damages you may not be able to pursue the case at all. If the ad is a mistake on their end and they admit and apologize for the mistake, and you have no damages, the court is likely to excuse their mistake. I’m not sure you’ll be able to find a lawyer willing to take this on without you spending money out of pocket without a guarantee of return.
A:
There is nothing wrong with the first two answers that have been given to you, but I am going to give you an answer that comes from an entirely different direction.
Why would you still consider doing business with this company? You simply can't trust them. The way they handled this shows you exactly who they are. I think that finding this out now is a lucky break for you. Better to find out now that they are unscrupulous and take your business elsewhere, than to find it out after your roof is missing that the contractor is unreliable.
The lowest price is not always the best price.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
When a contractor fails to honor a promotional offer advertised on their website, you have several options to address the situation:
Communicate Your Concern: Clearly express your disappointment and concerns to the contractor. Provide them with specific details about the promotional offer that was advertised on their website and explain why you believe you should be eligible for it. Request a resolution that aligns with the advertised promotion.
Review the Terms and Conditions: Carefully review the terms and conditions listed on their website regarding the promotional offer. Check for any stated expiration dates or limitations that could potentially justify their decision. If you find no such limitations or expiration dates mentioned, emphasize that the lack of explicit terms implies that the promotion should still be valid.
Document Evidence: Gather evidence of the promotional offer on the contractor's website, such as screenshots or printouts. Keep any communication you have with the contractor regarding the offer. This evidence will support your position if you need to escalate the matter.
Seek Mediation: If the contractor refuses to honor the promotional offer and you cannot reach a satisfactory resolution through direct communication, consider seeking mediation. Contact your local consumer protection agency or a reputable mediation service to help facilitate a resolution between you and the contractor.
Consider Legal Options: If all attempts at resolution fail, consult with a lawyer to understand your legal options. They can assess your specific situation, review any applicable consumer protection laws, and advise you on the best course of action, such as filing a complaint or pursuing legal action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
