All about Puffing in real estate- Is it illegal?


Puffing in real estate grabs potential buyers’ attention so that they can indulge in real sales without proper reasoning for the same. Is it legit or legal? This is an illegal practice, which is why the salesperson or the agents can only pass on their views. Puffing is a terminology that emphasizes the illegal practice of over-boasting the goods or services to capture market interests.

Agents can optimize it legally only till the time they are not making any false promises or claims. Making lie statements or stating fraudulent facts can make puffing an unethical act. Real estate claims and fake statements are known to everyone, and Puffing in real estate is at an all-time high!

Few facts about puffing real estate

Puffing refers to the situation wherein the seller makes false claims and try to fetch buyer attention by making extravagant claims. You can easily spot the brokers, salespeople, and agents in the real estate industry who only highlight the property aesthetics and do not reveal the facts. Sometimes, the claims they make are totally baseless and even fake.

Here are a few things to know about puffing real estate:

  • Hiding the hard facts related to the property is not illegal at all.
  • If the salesperson or the agent introducing you to any property is not making any fraudulent claims, then it means they are puffing legally.
  • However, any fraudulent and vague statements made by the agents about any property is illegal Puffing.
  • Puffing real estate is frustrating when you are snooping out for some real-time deals.
  • At times, it can also be a fun time pass as you know how fake people can grab some profits.
  • Depending on the type of agent and the kind of property you are dealing in, the puffing real estate also varies widely.

Is puffing in real estate illegal?

Whether Puffing is legal or illegal depends on how agents interpret it! When the other party only aims to give their opinions or highlight the best aesthetics of the property, there is nothing wrong with it. If the seller misinterprets or tampers the facts and passes fraudulent details, then the issue arises.

Misinterpretation and puffing in real estate- What’s the difference?

To put it in simple words, misinterpretation and Puffing have a thin line that bifurcates them. Buyers need to stay vigilant whether the information they perceive from the seller are deceptive or merely a vague over-statement. Differentiating among the fraudulent and opinion-based statements decides whether you are giving a misinterpretation or Puffing around.

Puffing can be a legal thing if it’s just a sales gimmick or your agent is trying to pitch the best deal for the buyers. There is nothing wrong with giving a personal opinion and changing the buyers’ perception of the same. But deliberate misleading towards the choice, price, or location of the property can be a crime. Puffing real estate is different from misinterpretation and not illegal for sure.

How does puffing real estate occur?

Can you prove that the seller made use of Puffing to sell their property or not? How is that possible? When the realtor perceives a lie’s help to pass on some information, it is as good as bluffing. A small example can help you in understanding how the process of Puffing works.

Example on puffing in real estate

If a salesperson takes you to showcase the house and notice those dirty carpets, you might ask them about it. Then they lie to you that the carpets are protecting classy hardwood flooring beneath them. Considering that, you agree and purchase the property at reasonable rates.

After the purchase, what if you find that the carpets were protecting the ugly concrete floor that needs complete renovation? Not just this breaches your trust, but it also makes you spend extra bucks on the whole deal. This is mere Puffing practice, and you can sue the realtor for this.

Final Thoughts

Puffing real estate can be legal or illegal, depending on the kind of sales trick you encounter! By any means, Puffing is wrong, unethical, and leads to misguidance among the people. Agents, brokers, and realtors must refrain from this practice to create an ethical real estate environment!

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