Agency & LawQuestion 42 of 120
'Puffing' differs from misrepresentation because puffing:
a.Is a written guarantee of value
b.Always constitutes fraud
c.Is an opinion or exaggeration, not a statement of material fact
d.Must be disclosed on the seller's disclosure notice
Explanation
Puffing is a subjective opinion or sales exaggeration, such as calling a home 'the best deal in town,' and is not actionable. Misrepresentation involves a false statement of a material fact that the other party reasonably relies on.
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