As you may or may not know, I am a sophmore business student majoring in Accounting at Arkansas Tech University. This semester I am taking a course on the Legal Environments of Business. This week we discussed the sale of goods in general and ecommerce. During the lecture I learned something interesting about warranties. Did you know that if a customer asks you to recommend a product to suit their needs and they subsequently purchase it you have contractually guaranteed that this product will work for the needs that they have described to you? I didn’t! I work part time at an AT&T wireless Authorized Agent and we give out recommendations all the time!

So what does this mean to you? When you tell a customer that something will work for the needs described, you have offered them an express warranty that need not be in writing. If you recommend one of your products to a customer, they purchase it, and it doesn’t fit the needs that they described to you, then you have just violated the sales contract and they could take you to court to receive a refund! All they have to do is prove that you promised them that it would do whatever and that this promise had a significant influence on their decision to purchase.

You are, of course, allowed to use sales language (this is the best product “4 eva”, ect.), just don’t over do it. So, the next time a customer asks your advice, watch the pufffing. You could be doing more than blowing  smoke up someone’s…

The Obligatory: I ain’t a lawyer, don’t sue me if you read this post, use it, and it in some way irreperably damages you or causes you bodily harm or mental anguish.

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