Agency
A Colorado broker tells a buyer a property has never flooded when the broker actually doesn't know. This could constitute:
AAcceptable puffery
BInnocent or negligent misrepresentation that may expose the broker to liability✓ Correct
CA legally protected opinion
DOnly problematic if the property actually floods later
Explanation
Making false statements about material facts, even without intent to deceive, constitutes misrepresentation. A Colorado broker who makes false statements without knowledge of the truth may be liable for innocent or negligent misrepresentation and face disciplinary action.
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