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?