• If the seller does not intend to sell you the “bait,” and does any of the following in the course of selling other merchandise, then it’s probably the “bait and switch”:
Disparages the bait or its warranty, credit terms, availability of service, repairs or parts.
Employs compensation methods that discourage or penalize sales people for selling the bait.
Refuses to take orders for the bait.
Refuses to make delivery of the bait within a reasonable time period.
Shows you a broken or defective product.
Fails to meet anticipated demand for the bait without disclosing the bait’s limited availability in the ad.
Fails to stock all outlets with the bait in the quantity specified in the ad.
So yea, advertising something at a very attractive low price to get their hooks in you without intent on actually selling you that item is by definition "bait and switch".
So if the conversation goes "I'm interested in looking at this vehicle in your ad" and the sales person says "that's really not a very good vehicle but we have this other one that is a little more but much better" and you say OK it's not bait and switch. If you say "no the one advertised fits my budget" and the sales person says wait let me check "OH that one just got sold" it most likely is bait and switch. If they say OK come on in a look at it and are prepared to sell said junker it is not bait and switch.
Now seeing as most dealerships are aware of laws what most likely will happen if that vehicle in the ad is a fake just to get you to call is right away say "that vehicle just sold X amount of time ago (an hour, last night right at closing ECT), we have several other similar vehicles, bit newer and little more money........" There they are on the edge but still legal.
Proving it is the hard part. I have never called or gone to a car dealer and not expected them to try to sell me something I don't want. That's what they do. Most often they are on commission and will try to talk you into something that cost more.
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