I do not follow.  What is the misrepresentation y

I do not follow.  What is the misrepresentation you are claiming was made?  While I agree that a misrepresentation need not be a lie, I suspect you would agree that a misrepresentation is a false representation of material fact (plus additional elements).  What was the false statement of material fact?  Or, using your salesman analogy, what were the "great things" that were promised by the company?