A listing agent describes the home as having a 'million-dollar view' during a showing. Is this statement actionable as misrepresentation?
Correct Answer
B) No, because it is puffing — an opinion or sales talk rather than a statement of material fact
Puffing is opinion or sales talk that a reasonable person would not take as a factual representation. Calling a view 'million-dollar' is subjective exaggeration.
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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:
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