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Practice Of Real Estate DisclosuresAdvertising_and_ethicsMEDIUM

A California broker runs a radio advertisement that says: 'Call now for a free home evaluation — we guarantee the highest price for your home!' Under California advertising law, what is problematic about this ad?

Correct Answer

B) The guarantee of 'highest price' is misleading because no agent can guarantee a specific sale outcome, and this could violate Cal. B&P Code §10176(a)

Guaranteeing the 'highest price' is misleading because no agent can guarantee specific sale outcomes. Market conditions, buyer demand, and many other factors affect sale price. Under Cal. B&P Code §10176(a), misleading claims in advertising are grounds for disciplinary action. The agent should use language like 'competitive market analysis' rather than price guarantees.

Answer Options
A
Nothing, because guaranteeing results is standard marketing in real estate
B
The guarantee of 'highest price' is misleading because no agent can guarantee a specific sale outcome, and this could violate Cal. B&P Code §10176(a)
C
Only the word 'free' is problematic because home evaluations always have hidden costs
D
Radio ads are exempt from real estate advertising regulations

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Related Topics & Key Terms

Key Terms:

advertisingguaranteehighest_priceradioBP_Code_10176

Related Concepts

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

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