Agency
Puffing by a South Dakota real estate agent refers to:
AOutright misrepresentation of material facts
BSubjective, non-actionable statements of opinion ('best neighborhood in Sioux Falls')✓ Correct
CWithholding known defects from a buyer
DOverstating the agent's qualifications
Explanation
Puffing consists of subjective opinions or exaggerated praise ('the most beautiful home in the Black Hills') that a reasonable person would not take as statements of fact. It is not considered fraud, unlike misrepresentation of material facts.
Related South Dakota Agency Questions
- In South Dakota, a buyer's agent who encourages a buyer to offer more than necessary for a property because the agent wants to earn a higher commission is:
- In South Dakota, a seller's agent who learns that the seller is in financial distress and must sell quickly should:
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