1. The expression of an exaggerated opinion — as opposed to a factual misrepresentation — with the intent to sell a good or service. • Puffing involves expressing opinions, not asserting something as a fact. Although there is some leeway in puffing goods, a seller may not misrepresent them or say that they have attributes that they do not possess.
— Also termed puffery; sales puffery; dealer’s talk. [Cases: Contracts 94(7); Sales 38(3), 261(5). C.J.S. Contracts §§ 156, 162; Sales § 55.]
“ ‘Dealer’s puffing,’ so long as it remains in the realm of opinion or belief, will not support a conviction of false pretenses however extravagant the statements.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 369 (3d ed. 1982).
2. Secret bidding at an auction by or on behalf of a seller; BY-BIDDING.
