During a showing, an agent tells a prospective buyer that the kitchen is 'absolutely gorgeous' and that owning the home will make the buyer 'the envy of all your friends.' The agent uses no measurable specifics — no dates, no dimensions, no factual claims about appliances or systems. The buyer relies on this enthusiasm in part when deciding to make an offer, but later sues the agent claiming the kitchen does not feel as gorgeous as advertised. The court finds no actionable misrepresentation because the statements lacked verifiable factual content. How should the court properly classify the agent's statements?
Correct Answer
B) Puffing
The agent's statements were enthusiastic, subjective opinions with no verifiable specifics — no measurements, dates, or factual claims about systems or fixtures. Sales talk that a reasonable person would interpret as opinion rather than fact is puffing.
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Previous Question
A listing agent notices that a comparable property nearby just sold for $40,000 less than expected, which could affect the client's pricing decision. The agent promptly informs the client. Which TWO fiduciary duties does this action demonstrate?
Next Question
A seller signs a listing agreement and instructs her agent in writing to accept only offers above $450,000 and to reject any offer that contains a financing contingency. Mid-listing, a $440,000 cash offer arrives. The agent personally believes the cash offer is excellent and unlikely to be matched, but she must follow her client's lawful written directive. She presents the offer to the seller — as she is required to do — but she does not accept it on the seller's behalf. Which fiduciary duty required her to comply with the seller's specific instructions rather than substitute her own judgment?