The use of bait and switch advertising in such a situation is therefore probably of little practical importance. However, if you encounter such a situation and want to hold steadfast to the advertised price on the precise car that was advertised, you are probably entitled to do so. Wilma Byer reads the advertisement and goes to Granhart Motors. Although it is unclear what Wilma's remedies or damages would be if she goes ahead and buys the Windmaker, she would be in a good position if she holds out for the purchase of the Moonshot at the advertised price because she has a strong case that Granhart is running a bait and switch ad. Although patterns of deceptive behavior often can be stopped because they violate the New Hampshire Consumer Protection Act , it is often difficult and very expensive to prove what was said during a sales negotiation.
Few laws apply directly to the negotiation process.
The decision as to whether statements made during the negotiations happened at all and therefore created enforceable promises is generally left to a judge. Assume that nothing said to you about the car or the deal is enforceable and get any promises made to you in writing. Walt Byer reads the advertisement and goes to Granhart Motors. Byer purchases the car and later finds that the title documents and purchase order state that he bought a Moonshot manufactured in the previous calendar year. You have no legal or moral obligation to make a deposit until you are ready to enter a legally binding contract.