Legal Definitions - dealer's talk

Dealer's talk, also commonly known as puffing, refers to exaggerated or overly enthusiastic statements made by a seller to promote a product or service. These statements are typically subjective opinions, not verifiable facts, and are generally understood by a reasonable person as mere salesmanship rather than a legally binding promise or guarantee.

Because they are considered subjective praise rather than factual assertions, "dealer's talk" usually cannot be the basis for a claim of misrepresentation or fraud if the product or service doesn't fully live up to the seller's lofty description. The law recognizes that sellers often use hyperbole to entice buyers, and buyers are expected to understand that such statements are not meant to be taken as literal guarantees.

Here are some examples illustrating "dealer's talk":

• Example 1: Car Sales

  A car salesperson tells a potential buyer, "This luxury sedan offers the smoothest ride you'll ever experience, practically floating on air!"

  Explanation: The phrases "smoothest ride you'll ever experience" and "practically floating on air" are subjective, exaggerated opinions. While the car might have a comfortable suspension, a buyer cannot reasonably expect it to literally float or guarantee a specific, unparalleled level of smoothness compared to all other cars. These are classic examples of "dealer's talk" intended to excite the buyer, not to make a factual claim about the car's performance that could be legally challenged.

• Example 2: Real Estate

  A real estate agent describes a small, older home as "a charming fixer-upper with endless potential to become your dream home!"

  Explanation: The terms "endless potential" and "dream home" are subjective judgments. What one person considers "endless potential" might be overwhelming work for another, and the concept of a "dream home" is highly personal. A buyer who later finds the renovation costs prohibitive or the home not living up to their personal "dream" would likely not have a legal claim against the agent, as these statements are considered "dealer's talk" rather than factual misrepresentations about the property's condition or future value.

• Example 3: Retail Product (Smartphone)

  A smartphone advertisement proclaims, "Capture life's most precious moments with the world's most incredible camera, delivering unparalleled clarity and color!"

  Explanation: The claims "world's most incredible camera" and "unparalleled clarity and color" are extreme, subjective opinions that cannot be objectively proven or disproven. While the camera might be high-quality, whether it is "the world's most incredible" or offers "unparalleled" features is a matter of subjective perception and comparison. A customer who buys the phone and finds the camera merely excellent, but not necessarily "the world's most incredible," would not have a legal basis to claim misrepresentation, as these statements fall under "dealer's talk."