Dealer’s talk, also known as “puffing,” occurs when a seller exaggerates or embellishes the qualities of a product or service in order to make it seem more appealing. While sellers are allowed to express their opinions, they are not permitted to deceive or make false claims.
Dealer’s talk, also known as puffing, refers to the exaggerated opinions expressed by a seller in order to sell a product or service. Puffing involves expressing opinions rather than stating facts. It is crucial to understand that while there is some flexibility in puffing goods, a seller cannot misrepresent them or make false claims about their attributes. For instance, a car salesman may claim that a specific car is the “best on the market” or “the most reliable car you’ll ever own.” These statements are subjective opinions used to persuade the buyer, but they may not necessarily be factual. It is important to differentiate between puffing and factual misrepresentation, as puffing is legal while misrepresentation is not. Misrepresentation involves intentionally making false statements about a product or service with the intention of deceiving the buyer.
No, it is illegal for a car dealer to provide false information about the condition of a vehicle. They are required to disclose any known defects or issues.
Yes, car dealers are not legally obligated to provide a warranty unless it is explicitly stated in the sales contract or required by state law.
Yes, car dealers can charge additional fees, such as documentation fees or dealer preparation fees. However, these fees must be clearly disclosed and cannot be excessive or deceptive.
Generally, verbal agreements can be legally binding. However, it is always recommended to have any agreements in writing to avoid potential disputes.
Yes, car dealers can sell a vehicle “as is” without any warranty. However, they must disclose this fact to the buyer before the sale is finalised.
No, once a financing agreement has been signed, the terms cannot be changed without the consent of both parties. Any changes must be documented and agreed upon in writing.
It depends on the circumstances and the terms of the agreement. If the buyer cancels the purchase within a reasonable timeframe, they may be entitled to a refund. However, if the buyer breaches the contract, the dealer may be entitled to keep the deposit.
No, car dealers are required to disclose if a vehicle has a salvage title. Failing to do so can be considered fraudulent and may result in legal consequences.
No, car dealers are prohibited from selling vehicles with open recalls. They must address any safety issues before selling the vehicle or disclose the recall to the buyer.
It depends on the specific circumstances and the dealer’s return policy. If the damage or defects were not disclosed and the buyer can prove that they were present at the time of purchase, they may have grounds for a return or compensation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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