THE LAW AND SELLING

Abstract

Salespeople assume legal obligations every time they talk with a potential buyer. Obviously, the sales manager is ultimately accountable for these obligations. It is crucial, then, that the sales manager and the sales force of today be cognizant of the part a sales presentation may play in creating a legal warranty. The sales manager must be conscious of the increasing legal penetration into the sales area. It is more and more difficult to direct the sales force to give one's product every available edge, yet stay within the boundaries of the law. The sales manager, therefore, should make all salespeople aware of the legal implications of what they communicate to the customer. In addition, the sales force must realize the importance of its sales delivery in view of the law. There is no excuse for ignorance, for there is an abundance of information available in the form of books, periodicals, and government documents. Care must be taken to insure that the required restraints on ambitious salespeople doesn't weaken their spirits and morale — resulting in fewer sales — but the costs and legal suits avoided, and the good‐will that is retained may more than compensate. Prior to dealing with the specifics of the salesperson's behavior and its legal implications, the pertinent portions of the Uniform Commercial Code are briefly reviewed.

Citation

Vaccaro, J.P. (1987), "THE LAW AND SELLING", Journal of Business & Industrial Marketing, Vol. 2 No. 1, pp. 45-50. https://doi.org/10.1108/eb006017