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Bait and Switch

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blpdbp

Junior Member
What is the name of your state? Mine is New Hampshire but case is in Alabama

In essence this is a “Bait and Switch” case with a automobile dealership in Mobile. The name of the dealership is Springhill Toyota.

Here are the basics of the case.

1. On March 5, 2007 I found a 2004 Toyota Sienna which matched my exact requirements. It was located at the Springhill Toyota Internet Site (http://www.springhilltoyota.com/Default.aspx?inventoryid=18227934&page=preowned-inventory). To this day, if you got to this site you will see a Toyota Sienna Limited Model pictured there. Next to the picture is a description of the vehicle being advertised for sale.

2. I received a response from the dealership regarding my interest and after negotiating the price, I wired them $20,572.17 on March 8th.

3. After several correspondences in writing, all of which continued to say this was a “LIMITED” model, they express mailed my the paperwork to sign for the purchase.

4. In the meantime, since the picture of the vehicle on the internet showed a grey LIMITED model and they said the one they had was White, I asked for pictures of the actual vehicle. On March 17th , I finally got the pictures and knew right away I was being taken advantage of. The vehicle was a “lower, less expensive model specifically simply an XLE not an XLE LIMITED.

5. I was very upset and asked the General Manager, Mr. Tal Vickers, to find me the exact model they had advertised and we had agreed upon a purchase price. And, if they could not do that, then for them to let me find that exact match and for them to pay the difference if there was any. He refused to do this and instead wired back the money with interest.

6. I have since found an almost identical match in Baltimore, Maryland and again asked Mr. Vickers to pay the difference, $1,929.59. Again, he refused.

7. I believe we had a “Contract”. I have not signed agreements of any sort and believe, through my internet research, that through “The Unfair Trade Practice sub “Bait and Switch”, I would be entitled to 3 times the damage amount of $1,929.59.

8. I have spoken with a couple attorneys and they feel because I got my money back that I have no case. On the other hand, I believe they have and are breaking the law and they should be punished. Also, I believe I paid for a type vehicle they said they had but did not and consequently need to compensate me for this.
 


Some Random Guy

Senior Member
You got your money back (with interest!) - you have no damages. triple of 0 is 0.

Feel free to bring up his business practices with the BBB, state attorney general and Toyota management.
 
I have spoken with a couple attorneys and they feel because I got my money back that I have no case.
I'm sorry, you spoke to a "couple" lawyers whose job it is to answer these types of questions. Why would you expect a different answer from a forum? And even so, whose advice would you take?
 

outonbail

Senior Member
I suggest the next time you find a vehicle that matches your requirements, you go look at it in person, kick the tires, look under the hood, check the oil and maybe even drive it around the block BEFORE you hand anyone twenty thousand dollars!
 

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