Heather N. Kesling v. Hubler Nissan, Inc.

RUSH, Justice.

An auto dealership’s advertisement of an inexpensive used car as a “Sporty Car at a Great Value Price,” is textbook puffery— not actionable as deception or fraud, because a reasonable buyer could not take it as a warranty about the car’s performance or safety characteristics. But when the dealer has inspected the car and should know it has serious problems, answering a buyer’s question about why it idled rough ly by claiming that it “would just need a tune-up” may be actionable as fraud. We therefore hold that the buyer’s fraud claim survives summary judgment, even though her…