QUESTION
denial of summer country club membership being advertised to public because i live within the gate community they are located in
Asked on Apr 19th, 2015 on Consumer Law - Florida
More details to this question:
they claim the club's board has a policy not to sell these "public" summer memberships to those who live within the gated community. they said they are only available to the public "outside" the gates of the community. yet their local ad lists no such limitations or restrictions. my question is whether or not it is legal for them to restrict sales of a product to those of us within the gated community.
1 ANSWER
Commercial Litigation Attorney serving St. Petersburg, FL
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Law Office of Guy P. Coburn
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The short answer to your question is: Probably it is legal for them to restrict sales only to people outside the gated community. An advertisement is generally not an "offer" to make a contract -- it is an invitation for the buyer to make an offer. Advertisements generally only create problems for the seller when they are intentionally misleading. Unless the Club is refusing to sell to you based upon a protected class (race, gender, etc.), they can choose who to sell to or not.There are always exceptions based upon the specific facts, but you are probably out of luck.
Answered on Apr 20th, 2015 at 1:31 PM