Agency

What is 'puffery' by a listing agent and how does it differ from misrepresentation?

APuffery and misrepresentation are the same legal concept
BPuffery is subjective, sales-oriented opinion ('gorgeous views, best location') that no reasonable person would rely on as fact; misrepresentation involves false statements of fact✓ Correct
CPuffery is only acceptable in print advertising
DPuffery is illegal; misrepresentation is only a civil matter

Explanation

Puffery involves subjective, enthusiastic opinions and exaggerations (hyperbole) that a reasonable buyer would not take as factual statements ('the best neighborhood in town'). Misrepresentation involves specific false statements of fact that a buyer may reasonably rely upon.

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