Legal Question in Business Law in California

How long can you run a going out of business sale in california?


Asked on 10/03/09, 5:01 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There was an oriental rug dealer in a town near me that advertised a going-out-of-business sale for what seemed like two or three years. I do not know of any law aimed specifically at limiting such sales (although there may be one). There are some general laws in California against false or misleading advertising, but like most such laws, they require anyone seeking to litigate successfully under them to show that the plaintiff is suffering some harm, or that the public is likely to suffer harm. Who cares whether the sale is "going out of business" or "in celebration of staying in business" or "hooray for the 21st Century"? It's very doubtful anyone is harmed by such sales to the extent that the law would provide a remedy.

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Answered on 10/03/09, 5:56 pm

I agree with Bryan. In other words, the answer is: until you go out of business. ;)

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Answered on 10/04/09, 3:40 am


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