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David Axt, AIA, CCS, CSI
Junior Member
Username: David_axt

Post Number: 86
Registered: 03-2002
Posted on Friday, January 31, 2003 - 06:15 pm:   Edit PostDelete PostPrint Post

Can product representative be held liable for the advice that they give?
anoymous
Unregistered guest
Posted on Friday, January 31, 2003 - 06:46 pm:   Edit PostDelete PostPrint Post

This is not a legal opinion.

Lawyers are not responsible for what they say because its not their job to be truthful. I would hate to hold a product promoter to a higher standard than a lawyer.

It may be legal but it ain't right.
Dave Metzger
New member
Username: Davemetzger

Post Number: 27
Registered: 07-2001
Posted on Friday, January 31, 2003 - 08:32 pm:   Edit PostDelete PostPrint Post

As architects/engineers/specifiers, we don't pay product reps for professional advice. Our clients do pay us for our experience and judgement. It's our job as professionals to sort through the opinions and advice we receive from product reps and manufacturer's data, and then try to separate the wheaty truth from the self-serving chaff.
John Bunzick, CCS, CCCA
New member
Username: Bunzick

Post Number: 60
Registered: 03-2002
Posted on Monday, February 03, 2003 - 08:46 am:   Edit PostDelete PostPrint Post

It may depend on just what kind of promise or representation the representative makes, and in what form (written or verbal.) It may be possibel under the Uniform Commercial Code for a case to be made related to the product's "fitness for purpose." However, the UCC would only apply to the purchaser - most likely the contractor, but possibly the owner. Since the promise would have been made to the architect, there may not be a legal case. Even if proven, it would be the manufacturer, not the product rep personally, who would be liable.

For most of us, the great exageration is probably unactionable. Any lawyers out there who might care to comment?

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