Exaggerated or superlative comments or opinions not presented as facts characterize promotional statements in property sales. These representations, intended to attract buyers, are subjective and not legally binding promises or guarantees. An example would be a real estate agent describing a property as having the “most spectacular view in the city.” This type of statement is understood to be marketing hyperbole rather than a verifiable claim.
The practice is important because it differentiates acceptable marketing tactics from fraudulent misrepresentation. Its existence allows for a degree of enthusiasm in sales pitches without creating legal liability for every superlative claim. Historically, the allowance for such practices has stemmed from the understanding that reasonable individuals can discern between objective fact and subjective opinion when evaluating property listings.
