Its my belief that, since tesla is telling people that the "new" model 3 performance without the performance pack" (I cant stand the M3 nomenclature used here since its not an M3.. but I think you feel the same
@destructure00 ) doesnt come with track mode but the current non performance pack cars have it, tesla might remove it in the future.
There is precedent for that (Standard range purchasers receiving standard range+ and getting downgraded via OTA updates for some features later). I fully expect tesla to do that to people who buy the model 3 performance without the performance pack now, if they are telling people "it doesdnt come with it" and people find it on their car.
Expect lots of gnashing of teeth later when its removed from those cars. For some reason, many people forget that the tesla that is delivered is not the tesla you will be driving for ever (for good AND for ill). They absolutely CAN remove features that are there on delivery (such as track mode)... so whether its "there on delivery" does not matter unless it is explicitly called out as a feature of the car in writing somewhere.
If OP or anyone else who is considering buying the model 3 performance without the performance pack, and track mode is something they want, they need to get tesla to give them something IN WRITING on tesla letterhead (not an email) saying that their car will come with track mode. Failing that, they need to buy the one with the performance pack, or be prepared to live with the fact it could be removed at any point.... especially since there are reports from many people trying to buy these cars and asking about track mode that tesla is saying "it doesnt come with it".