Question

Lowe’s advertised a barbeque grill for $99 in its newspaper ad. When the Smith’s arrived at Lowe’s to buy the barbecue, a Lowe’s salesman said, "Oh, we don’t have any in stock. But, what you need is this model for $149." Lowe’s had no $99 barbecues in stock, even before the ad was placed.
a. Lowe’s has engaged in bait and switch.
b. Lowe’s has breached an express warranty.
c. Lowe’s has violated the implied warranty of merchantability.
d. none of the above"

Answer 1

Answer:

A) Lowe’s has engaged in bait and switch.

Explanation:

Bait and switch retail sales practices are considered fraud and the store can be sued for it. When a store advertises a product with a very tempting low price in order for customers to go ask for them, but doesn't even have them in stock is considered false advertisement. Everyone loves a good offer but it is illegal to attract customers using a false promotion and then switching that product for a more expensive one.

If Lowe had some of the grills in stock and still tried to convince its customers to buy a more expensive one, then that is not illegal. But the question states that Lowe didn't have any cheap grill in stock.