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?

A) BillyBob will win because Gino's statement is an express warranty.
B) BillyBob will lose because Gino's statement is sales puffery.
C) BillyBob will win because Gino's statement is an implied warranty of fitness for a particular purpose.
D) BillyBob will lose because there are no express or implied warranties under the Magnuson-Moss Warranty Act.

Question

Madison Gubler · Accepted Answer

Final Answer : B, Explanation :  Gino's statement about the car being a chick magnet is considered sales puffery, which is exaggerated or subjective statements that are not meant to be taken literally or as guarantees. BillyBob cannot sue Gino because the statement does not constitute an express warranty or an implied warranty of fitness for a particular purpose. Additionally, the Magnuson-Moss Warranty Act only regulates warranties and does not apply to sales puffery.

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