Agency
What is 'puffing' in real estate practice, and how does it differ from actionable misrepresentation?
APuffing is illegal misrepresentation; misrepresentation involves only factual statements
BPuffing is exaggerated, subjective sales talk not meant to be taken literally; misrepresentation involves false statements of material fact that a buyer reasonably relies upon✓ Correct
CThey are legally identical under Pennsylvania consumer protection law
DPuffing involves written statements; misrepresentation involves verbal statements only
Explanation
Puffing is exaggerated, subjective, or promotional language ('best view in the city,' 'perfect neighborhood') that a reasonable buyer understands is opinion, not fact. Puffing is generally not actionable. Misrepresentation involves false statements of material fact (hiding a structural defect, misrepresenting square footage) that a buyer reasonably relies upon to their detriment. The distinction matters in Pennsylvania UTPCPL (Unfair Trade Practices) cases.
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