Florida Real Estate Sales Associate Examination Content OutlineReal Estate Brokerage Activities and ProceduresMedium

A Florida real estate sales associate is found to have made a false promise to a potential buyer regarding future development plans near a property, knowing the plans were not confirmed. This action is most likely considered a violation of which ethical duty or legal standard?

  1. ADuty of confidentiality
  2. BDuty of obedience
  3. CMisrepresentation
  4. DPuffing
Show answer & explanation

Correct answer: C. Misrepresentation

Making a false statement of fact, especially when knowing it's unconfirmed, constitutes misrepresentation. Puffing involves exaggerated statements of opinion, not false statements of fact.

Why the other options are wrong

  • A. Confidentiality relates to protecting client information, not false statements to third parties.
  • B. Obedience relates to following lawful instructions from a principal, not truthful disclosure to third parties.
  • D. Puffing is an exaggerated statement of opinion, not a false statement of an actual or future fact, and is generally not considered illegal.

Misrepresentation (Real Estate)

A false statement of a material fact, or the concealment of a material fact, made to induce another party to act, which can be intentional or unintentional.

  • False statement of a material fact.
  • Can be intentional (fraudulent) or unintentional (negligent).
  • Differs from puffing (exaggerated opinion).

Memory trick: Truth is the goal; anything less is a problem.

More Real Estate Brokerage Activities and Procedures questions