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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Related Topics & Key Terms
Key Terms:
Related Concepts
The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.
A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.
A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.
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A listing agreement creates an agency relationship between:
A property management agreement between an owner and a property manager typically specifies which of the following?
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A buyer's agent compensation can be structured as:
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- → A property manager signs a lease on behalf of the property owner. The management agreement authorizes the manager to execute leases for terms up to one year. The manager signs a three-year lease with a commercial tenant. What is the likely consequence?
- → A property manager discovers that a rental unit has a significant mold problem. The manager repairs the visible mold but does not inform the property owner about the extent of the damage or the potential liability. Has the property manager violated any agency duty?
- → The minimum requirement for real estate professional advertising is:
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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?