Izadi v. Machado (gus) Ford

550 So. 2d 1135 (Fla. Dist. Ct. App. 1989)

 

RULE:

Bait and switch describes an offer which is made not in order to sell the advertised product at the advertised price, but rather to draw the customer to the store to sell him another similar product which is more profitable to the advertiser.

 

FACTS:

Appellee car dealer placed an advertisement in a local newspaper advertising a small pick-up truck for a certain price. At the top of the page, a minimum trade-in allowance was prominently displayed as a portion of the consideration needed to buy a new automobile from the dealer. Under this figure in extremely small print, the advertisement indicated that the figure applied only toward the purchase of three vehicles, none of which were mentioned elsewhere in the advertisement. When appellant attempted to purchase the truck by tendering a trade-in vehicle and the balance of the price in cash, appellee refused to honor appellant's interpretation of the language. Appellant sued appellee for breach of contract, fraud, and statutory violations, but all of his claims were dismissed by the trial court. 

ISSUE:

Was the dismissal of appellent's claim for fraud proper?

ANSWER:

Yes.

CONCLUSION:

Dismissal of appellant's claim for fraud was proper where no cognizable damages were alleged as a result of a tortious misrepresentation.

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