Real Estate · General Principles of Agency

Which of the following is required for a valid 'puffing' statement (not an actionable misrepresentation)?

Correct answer

An exaggeration or opinion that no reasonable person would rely on as fact

  1. A A specific factual claim
  2. B An exaggeration or opinion that no reasonable person would rely on as fact
  3. C A written warranty
  4. D A signed disclosure form

Why this is the answer

'Puffing' is salesmanship — exaggeration or opinion that a reasonable person would not rely on as a statement of fact. Examples: 'This is the best house in the neighborhood', 'You'll love it here', 'This is a great investment'. Puffing is not actionable misrepresentation because no reasonable buyer would treat the statement as a guaranteed fact. Specific factual claims, however — 'The roof is two years old', 'The house has 2,400 square feet', 'There has never been a flood here' — are statements of fact that, if false and material to the buyer's decision, can constitute misrepresentation or fraud. The line between puffing and fraud is sometimes blurry; agents should stick to verifiable facts and clearly label opinions.
Source: Real Estate Principles, Misrepresentation vs Puffing

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