Agency
A West Virginia listing agent who exaggerates the features of a property to entice a buyer may be guilty of:
APuffing only if the exaggerations are in writing
BFraudulent misrepresentation if the statements are material and false✓ Correct
CNegligence only
DNo wrongdoing — advertising exaggeration is always permitted
Explanation
While puffing (vague, non-specific praise) is generally not actionable, material misrepresentations of fact made to induce a buyer to purchase a property constitute fraudulent misrepresentation, which can result in rescission, damages, and license discipline.
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