Burkhart v. Wolf Motors of Naperville, Inc.

Illinois Appellate Court
Civil Court
Consumer Fraud Act
Citation
Case Number: 
2016 IL App (2d) 151053
Decision Date: 
Wednesday, September 21, 2016
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant car dealership made a mistake in advertising one of its cars for sale. Plaintiff tried to purchase the car at the advertised price, but Defendant refused, stated that price advertised was in error. Plaintiff filed complaint alleging breach of contract and consumer fraud. Court properly granted Defendant's motion for summary judgment. Erroneous ad could not in itself serve as basis of binding contract between the parties, as the ad did not reflect a price for which Defendant ever intended to sell vehicle.Thus, ad was not an offer, and Plaintiff's "acceptance" of ad did not establish a contract..No Consumer Fraud Act claim, as Plaintiff suffered no actual damages; she is in same position as she was in before she saw the ad. (HUTCHINSON and BURKE, concurring.)