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California Lawyer
California Lawyer, Attorney
Category: Business Law
Satisfied Customers: 1043
Experience:  Licensed to practice law in California
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Newspaper adds; is there regulation of and is there any tips

Resolved Question:

Newspaper adds; is there regulation of and is there any tips for adds I.E.; what not to say or what to include in an add to sell a product?
Submitted: 8 years ago.
Category: Business Law
Expert:  California Lawyer replied 8 years ago.

You question is a little vague, but the general rule is to make sure that your add is truthful. So long as that is the case, you can pretty much say what you want.


I hope this helps.



Customer: replied 8 years ago.
That would be a pretty basic answer that I could get from just about anyone I could ask. Are you saying that there is nothing or you havde no tips or suggestions I.E.; typical disclaimers to add or info to include to minimize liability for a one way sale in the newspaper?
Expert:  California Lawyer replied 8 years ago.

Unless you are a merchant, private sales are, by law, "as is". So long as you make no promises you have created no facts upon which a buyer could rely. For instance, you can safely say "really nice RV" but don't say "guaranteed to make you happy" or "never a problem with it.


In most cases, the less you write, the better.


If you are a merchant, then at minimum there is an implied warranty of merchantability that you cannot disclaim. So long as your ad is otherwise truthful, you are on about as good a footing as you can get.


I hope this helps.



California Lawyer and 3 other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you. That clears up a lot.