Puffery: as defined by (wikepdia) "Puffery as a legal term refers to promotional statements and claims that express subjective rather than objective views, such that no reasonable person would take literally.
We've all seen them, created them, or used them. They're the exaggerated statements that are part and parcel of much of the personal and professional advertising within the real estate industry.
Ever since the Federal Trade Commission in 1984 investigated '"deceptive advertisements" and determined that the agency would not actively pursue statements which the ordinary consumer would not take seriously, the use of Puffery in advertising homes and in the description professional skills has swelled enormously.
It is not an overestimation to state that many real estate agents feel it is OK for advertisements for real estate products to contain statements like: Super, Fantastic, Immense and Spacious even when the truth may be far from the reality described. I even have books from real estate seminars that suggest "descriptive words" that might be "helpful" in describing somewhat less than fantastic dwellings.
In the nineties, Puffery escalated to new levels with the rise of the Super Agent and the Super Agent Brochure. In addition to billboards proclaiming that agents could sell anything, anywhere at anytime, it was simply a rite of passage to claim that you were the BEST at something...even if that meant all you could say was you were the BEST NEW AGENT. It wasn't necessary to qualify the statement with the FACT that only one agent had been hired!
At some time every rooster comes home to roost. Although puffery is supposedly not to be taken seriously, I wonder how much it has adversly impacted our industry. What happens to the perception about our profession when we knowingly cultivate a reputation for dishonesty...even when it is supposedly "outlandish" dishonesty? Does it matter if, over time, descriptions of homes rarely match up with the reality the potential buyer encounters when they enter the home? Should digital images capture the essential true state of a homes' interior? Have we duped ourselves into believing that in the long run, this has no consequence?
In an era in which "Truth in Advertising" has become a marketing mantra, it is perilous to presume that this does not apply to our industry just because puffery is something everyone knows that we do. And...there may be some legal liability. Did you know you may be inadvertently creating an express warranty when you claim that you are the BEST or CHEAPEST and can be called upon to substantiate your claims in court?
I wonder how much of the distrust the public has about our services has to do with the fact that we have taken "telling the truth" about our product and our services far too lightly in our profession as a whole? I wonder if some of the less than favorable opinion and press towards our industry is a delayed consequence?
Copyright 2008 Audu Real Estate All Rights Reserved
UPDATE: I also wonder to what extent puffery has impacted the public perception of our professional evaluation of the current real estate market. Has the media perspective become the most legitimate opinion because we have squandered our integrity. Just a thought....What do you think?

Lola Audu, is the Designated Broker & Owner of Audu Real Estate. Our company specializes in helping people buy and sell homes in the greater Grand Rapids, West Michigan area. You can contact us via e-mail @ info@auduhomes.com or by phone at 616-791-0511. Thanks for visiting our blog. Here are links to some of our most popular posts for you to enjoy!
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Hi Lola,
IMHO, super agents of the 90's= Ego Agents.
Lola,
There is no doubt in my mind at all that credibility has been eroded by consumers realizing the absurdity of some ads...and the ridiculous ads are cumulative...they seem to feed and grow on one another!!! Thanks, Fran
Lola, good topic. Everyone tries to present things in the best light possible, but there is a big difference between using favorable words to accurately describe something, and "Puffery" which describes something in a manor to deceive.
I'm glad you added IMHO Lynda. :) I tend to agree.
Lola
Great post, I am starting to like reading your various posts. I find them interesting. Everyone uses puffery, ever hear of Genuine Imitation Leather?
Lola...
Puffery? Lord I wish I had thought of that one :)
I never got past that when reading the post.
What was the post about? LOL.
TLW...ROAR!
Hi Lola-Yes we sat with a FREC, Florida Real Estate Commission Attorney and current buyers who are wanting to sue...are looking for these types of situations more along the lines of Great Investment Property, Awesome Rental Income...I could go on and on. Congrats your post was selected for Blogger's Choice Selections.
I think the creative license that many people rely on is perception--what's beautiful to one is hideous to another. You pose a thought-provoking point though. I once did a focus group on the perception of Realtors in the Philadelphia, PA area and found that many consumers here are actually peeved by the use of headshots in advertising. (Several participants said the practice is narcissistic and one person even said these ads remind her of "ambulance-chasing" lawyers.) Although the impact of ad copy didn't come up, I was surprised to learn how subtle, common advertising practices within the industry could cause a negative perception.
Great post!
I guess that destroys my new marketing campaign... I've sold 100% of my inventory!
I'm a fairly new agent, and with having only listed 5 houses, this statement is true.
Lola...
I just popped in to let you know that I wrote "Puffery" down in my Blogging Ideas Doc :)
I will email you if I ever find a way to turn that into a Blog :)
I will also make sure you get some link love out of it :)
If you're going to inspire me there should at least be some love there :)
TLW...ROAR!
Thanks for the comment & visit Allison.
JoEllen...:) At least you're telling the truth albiet in a limited context. A lot of times Puffery is simply a puffed up lie!
There is a listing...still listed right now....that says "lake front property." I have shown this property before. The LAKE is what we country girls and boys like to call a Tank or Tanque. A tank is a hole that is dug and it fills with rain water. It usually is green with lilly pads and other plants growing on it. It's usually under 1 acre in size. You typically find them on farms and ranches to water cattle. This one was not the exception. It was ugly. The only thing growing in it is mosquitoes. It was not lake front property. The "house" was so run down I'd rather live in a cardboard box. At least a box would start out mold free. Duct tape was being used to hold many parts of the "house" together.
This listing is listed with my broker I am ashamed to say. I can't believe he is letting the other agent list it like this. When I am on floor duty and I get calls on this house....I tell them like it is. I tell them because I don't believe in lieing. It may get me into trouble but I won't be accused of lieing.
Cheri...Thank you for your honesty. We can't control what others do, we can only look at ourselves and seek to do what is right...being willing to change when we are corrected.
One of my favorite MLS listings started out something like this: "Seriously - this house is not for the faint of heart. At this price, you have to realize the condition is horrible!" I had to write the agent and tell her that while i didn't have anyone interested in her property, I loved her description that was frank and honest. She wrote back and said "I don't feel like wasting anyone's time, mine, yours, or your buyers."
Time and time again I've been fooled by descriptions (my least favorite is Seasonal Lakeview.) Okay, right - you have to stand on your tippy toes, with binoculars, and crane your neck and maybe, if there's no snow on the trees, you can glimpse the water that's nearly a mile away. Right!
It makes it hard for buyers to actually believe you when you say that all your listing needs is a fresh coat of paint inside - I've seen that description used on homes that need to be gutted! There was another one that said "All this home needs are a few finishing touches..."
So I called the agent to discover it needed a new SEPTIC SYSTEM! Oh yeah...a "finishing touch" to the tune of $30,000?????
Hi Lola, Years ago I had an ad writing book, who knows where it went, I think someone borrowed it and nevrer returned it. But one of my favorite ads was " Enough room for everyone and a mean mother in law!" I got so many phone calls for that. People laughed. I like Patricia's comment and getting a bidding war going, go figure?