Puffing In Real Estate
The definition of puffing in real estate, also known as puffering, is an exaggeration of fact bordering on falsehood. You’ve probably heard a real estate agent make outrageous claims about their listing, lauding its outstanding qualities, only to find that the “outstanding” listing is not all that outstanding.
Puffing happens all the time in real estate, and under certain circumstances, it can be criminally punishable, so it’s best to be careful when making claims about your listing or its qualities. Let’s look at a couple of examples of puffing, and when it is and isn’t legal.
Examples of puffing in real estate
Puffing is very common in real estate, as previously stated. Real estate agents will do whatever it takes to sell a listing, and exaggerating a listing’s good qualities is not anywhere near the top of the list of crazy things real estate agents have done to sell a property. Ultimately, exaggerating your listing’s qualities is ok, as long as you don’t make any fraudulent claims about the listing you’re selling. Let’s look at a couple of examples that illustrate the difference between harmless exaggeration and fraudulent claims about a listing’s qualities.
For our first example of puffing in real estate, let’s take the case of a real estate agent named Janet. Janet has a listing that isn’t all that attractive on its own merits; it’s an aging bungalow from the 1980s in a low-income neighborhood, with a patchy lawn and peeling siding. Now, to make this listing seem more marketable, Janet exaggerates her listing’s good qualities.
She doesn’t mention the run-down appearance of the house, nor the poorly groomed lawn. She gushes about how “cozy” and “rustic” the house is when most would find it cramped and aging instead. This is a great example of puffing, and this type is generally perfectly legal. You’re not lying, after all; you’re just exaggerating.
A different, more insidious example of puffing in real estate is that of a realtor we will call Michael. Michael has a listing that wouldn’t be difficult to sell if it weren’t for one crucial detail: the owner wants an exorbitantly high price for the property. In order to sell the property, Michael takes a number of liberties with the facts about the listing.
He exaggerates the crime statistics of the area in which the listing is located so that it seems safer than it is. He lies about the state of repair the house is in, talking about how the plumbing is in excellent condition when in reality there are leaks and hard water sediment buildup. Depending on how severe these lies are, Michael could face fines or even jail time if they are discovered and proven. Ultimately, puffing is permissible only in as much as it does not entail fraud.
Popular Real Estate Terms
Legal obligation stemming from a civil wrong or injury for which a court remedy is justified. A tort liability arises because of a combination of a direct violation of a person's rights, ...
How much the rental property is worth. The valuation considers the net income derived from the property and a capitalization rate. ...
In everyday discourse, the meaning of retention refers to storing or keeping something such as an expansion tank holding hot water. A dam could also retain or withhold water. Also, a ...
Power of attorney giving permission for a lawyer to represent a client. ...
Uncertainties associated with real property including lack of insurance coverage in the event of fire or injury, high crime area, and environmental problems. This risk may be reduced ...
Compensation representing the fair market value of a property taken in an eminent domain action. Foe example, Brian received $150,000 for his home which was condemned in an eminent domain ...
The definition of cooperative housing is well known by real estate agents because they are often involved in the selling process, in most cases. Cooperative housing is a form of ...
Ability of the size of the land to accommodate the desired economic purpose. An example is having enough space to build a supermarket to meet the needs of the community. ...
A loan indemnified against default by the borrower. Such loans may be a mortgage loan insured by a standard mortgage insurance policy or by FHA mortgage insurance. In the event of the death ...

Have a question or comment?
We're here to help.