Gino, a used car salesman, tells BillyBob while test driving a restored '64 Mustang, "BillyBob, this car is a chick magnet!" So BillyBob buys the Mustang, but later is not satisfied because no girls want to go riding with BillyBob. BillyBob threatens to sue Gino. What result?

Question

Quizplus · Accepted Answer

Warranties are based on statements of fact. Therefore, the opinions of salespersons and their exaggerated and persuasive statements (such as Gino's) do not create express warranties. Courts have long indulged the temptation of salespersons to use sales puffery to extol their merchandise beyond the point of fact.

Gino, a Used Car Salesman, Tells BillyBob While Test Driving