Florida Real Estate Sales Associate Examination Content OutlineReal Estate Brokerage Activities and ProceduresHard
A real estate sales associate prepares an advertisement for a property listed by their brokerage. The advertisement states: 'Beautiful waterfront home – unparalleled views! Call for details on this amazing opportunity before it's gone!' This advertisement would be considered:
- AIllegal, due to the use of superlative terms like 'unparalleled' and 'amazing'.
- BLegal, as it is considered 'puffing' and does not contain factual misstatements.
- CLegal, only if the sales associate can provide verifiable evidence of the claims.
- DIllegal, because it does not include the property's legal description.
Show answer & explanationAnswer & explanation
Correct answer: B. Legal, as it is considered 'puffing' and does not contain factual misstatements.
Puffing refers to extravagant statements of opinion that are not factual misrepresentations. Terms like 'unparalleled views' or 'amazing opportunity' are generally considered puffing, which is legal, as long as they are not presented as factual claims and do not mislead a reasonable person. Factual misstatements or omissions are illegal.
Why the other options are wrong
- A. Superlative terms are generally allowed as puffing, not illegal per se.
- C. Verifiable evidence is needed for factual claims, but not for subjective opinions or puffing.
- D. A legal description is not required in general advertising, only in specific legal documents.
Puffing in Advertising
Puffing is the use of extravagant sales language or subjective opinions in advertising that are not intended to be taken as factual representations.
- Legal in real estate advertising.
- Must not be a misrepresentation of a material fact.
- Distinguished from fraud or misstatement of fact.
Memory trick: Puffing: 'O'pinions 'O'kay, 'F'acts 'F'alse, 'F'raud 'F'orbidden.