Puffing In Real Estate
The definition of puffing in real estate, also known as puffering, is an exaggeration of fact bordering on falsehood. You’ve probably heard a real estate agent make outrageous claims about their listing, lauding its outstanding qualities, only to find that the “outstanding” listing is not all that outstanding.
Puffing happens all the time in real estate, and under certain circumstances, it can be criminally punishable, so it’s best to be careful when making claims about your listing or its qualities. Let’s look at a couple of examples of puffing, and when it is and isn’t legal.
Examples of puffing in real estate
Puffing is very common in real estate, as previously stated. Real estate agents will do whatever it takes to sell a listing, and exaggerating a listing’s good qualities is not anywhere near the top of the list of crazy things real estate agents have done to sell a property. Ultimately, exaggerating your listing’s qualities is ok, as long as you don’t make any fraudulent claims about the listing you’re selling. Let’s look at a couple of examples that illustrate the difference between harmless exaggeration and fraudulent claims about a listing’s qualities.
For our first example of puffing in real estate, let’s take the case of a real estate agent named Janet. Janet has a listing that isn’t all that attractive on its own merits; it’s an aging bungalow from the 1980s in a low-income neighborhood, with a patchy lawn and peeling siding. Now, to make this listing seem more marketable, Janet exaggerates her listing’s good qualities.
She doesn’t mention the run-down appearance of the house, nor the poorly groomed lawn. She gushes about how “cozy” and “rustic” the house is when most would find it cramped and aging instead. This is a great example of puffing, and this type is generally perfectly legal. You’re not lying, after all; you’re just exaggerating.
A different, more insidious example of puffing in real estate is that of a realtor we will call Michael. Michael has a listing that wouldn’t be difficult to sell if it weren’t for one crucial detail: the owner wants an exorbitantly high price for the property. In order to sell the property, Michael takes a number of liberties with the facts about the listing.
He exaggerates the crime statistics of the area in which the listing is located so that it seems safer than it is. He lies about the state of repair the house is in, talking about how the plumbing is in excellent condition when in reality there are leaks and hard water sediment buildup. Depending on how severe these lies are, Michael could face fines or even jail time if they are discovered and proven. Ultimately, puffing is permissible only in as much as it does not entail fraud.
Popular Real Estate Terms
Type of ownership by husband and wife, recognized in 27 states, in which the rights of the deceased spouse pass to the survivor. It is the same as joint tenancy, except that one spouse ...
The depreciation method where an equal amount of depreciation expense is allocated to each full period of the asset's useful life. The amount of depreciation is computed as follows; Annual ...
Purchase of part of property or property rights when condemnation takes place. The owner must be justly reimbursed. ...
An increase in the income tax basis of a property that is a result of a tax-free exchange. As a result of an inheritance, for example, the basis of the inherited property was stepped up to ...
Don’t know what snowbirds mean? It’s not birds made of snow. Snowbirds is a nickname given to Canadians and American people that live in the colder northern states, that, ...
See accommodation endorser, maker, or party. ...
The "frost line" is a critical concept in real estate and construction, especially in regions with cold climates. But what exactly is the frost line, and why does it matter? Let’s ...
Any gain or loss from selling of capital assets. The gain or loss is the difference between the net selling price and cost basis. The two types of capital gains or losses for tax purposes ...
Personal income minus personal income tax payments and other government deductions. It is the personal income available for people to spend or save; also called take-home pay. It may be a ...

Have a question or comment?
We're here to help.