Generally, the more knowledgeable the customer, the greater the chances the court will interpret an incorrect statement by a salesperson as an actionable misrepresentation rather than as sales puffery.

Courts often view sales puffery as exaggerated claims that no reasonable person would take literally, and this view is generally not influenced by the customer's level of knowledge. Misrepresentation, on the other hand, involves false statements of fact that the buyer relies on, and whether a statement is considered puffery or misrepresentation depends more on the nature of the statement than on the customer's knowledge.