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When is it "Puffing"?

By
Real Estate Agent

I have written about this topic before.  It’s about agents who speak in absolute terms about something that is only a maybe.  It’s the dogmatic statements made by real estate professionals in marketing materials, or during transactions which could find them entering the realm of “puffing.”


What is “puffing,” you may ask?  Puffing is a judgment or opinion presented as a representation of fact.

Dogmatic statements made by politicians may work for politicians, but they won’t work very well for real estate professionals.

Last week, I noticed a pending sale, in a neighborhood I’m very familiar with.  The listing agent included in her MLS description the words, “THE NICEST HOUSE IN THE AREA.”

The problem as I see it is this house has been flipped, a new roof has been put on, and a new kitchen has been installed.  It has been painted inside and out.  HOWEVER, this home is nowhere near being “the nicest home in the area.” In fact there are several homes in the neighborhood with considerably more square feet, have been upgraded, and have a number of amenities like pools, spas, etc.

It is my opinion that the listing agent’s words, “THE NICEST HOUSE IN THE AREA,” is puffing.

How many of you have heard real estate professionals speak with authority about things in absolute terms when they ought to be presented as only a possibility, or a maybe?

As a real estate professional, whether you get into trouble or not, will often depend on how well a lesson I received years ago in an 8th grade English class, has also been learned by you.

During my critical 8th grade year, Mrs. Kane, the English teacher, taught us the “State of Being” verbs.  There are 22 of them, and she made us memorize each and every one them.  They are as follows:


Is - Be - Am - Are - Was - Were - Been - Has - Have - Had - Do - Does - Did - May - Can - Might - Could - Must - Shall - Will - Should – Would

The lesson is about understanding the importance of not emphatically stating that something "IS" something, when in fact it "MAY" only be something instead.  Or stating something "WILL" be done, when it “MAY” or "MIGHT" only be done!


As real estate professionals, mixing up state of being verbs, and not selecting appropriately while communicating in the business world, can find us treading into painful litigation territory - Especially, if the "F" word gets tossed about.  The "F" bomb in this situation is the 5-letter word, "FRAUD" - rather than the 4-letter “F” word.

And neither you nor any of us needs that!

 

Posted by

Myrl Jeffcoat ActiveRain Signature
  

Comments(46)

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

It would have been so easy for the agent to say, "One of the nicest homes in the area."  In general, it's best to stay away from statements of personal opinion anyway.

Apr 30, 2017 03:47 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

This maybe one of the best posts I have read about Real Estate Poetry:))Endre

Apr 30, 2017 11:15 PM
Roy Kelley
Retired - Gaithersburg, MD

Good Monday morning, Myrl. Have an outstanding week.

May 01, 2017 09:07 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Myrl

Puffing can become a fast track to a Code of Ethics violation . . . . A state real estate violation . . . . or a law suit . . . . and possibility all three.

Good luck and success.

Lou Ludwig

May 01, 2017 08:06 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Myrl

Congratulations on the feature for your post.

Good luck and success.

Lou Ludwig

May 01, 2017 08:07 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

One can huff and puff all they want but, that doesn't sell a house, does it, Myrl?! I totally agree with you - why do that to your sellers? It brings buyers through their home on false assumptions, only for them not to buy. The sellers are disrupted for nothing but, disappointed sellers!!  Makes no sense to me either! 

Great post and congrats on the feature, Myrl!

May 01, 2017 08:47 PM
Walt Fish
Bay Area Home Inspection, LLC - Marquette, MI
Upper Michigan's Most Experienced Home Inspector

I see a fair amount of this in my profession. Last summer I inspected a cottage/camp that the data sheet stated was on a private well. What I found was a hole about 10 feet deep and 3 foot across filled 3/4 with water and with mosquitos. I would have missed it had I not uncovered. Water was pulled (pumped) from this surface well to the cabin. Was that puffing?  

May 02, 2017 11:54 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

Great post and many agents get carried away with their descriptions. I had a real estate teacher who ranted about the use of "new". He said as soon as it was delivered it was new, tomorrow it is only newer...not new.

May 02, 2017 01:12 PM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Great post Myrl. Congrats on the Feature!  If you say it, you better be able to prove it. Otherwise you better not say it.  

Puffers help to ruin the reputation that the rest of us work hard to protect. 

May 03, 2017 04:24 PM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Well said, Mryl. Puffing could be the eptime of political speak in business. 

May 03, 2017 05:42 PM
Anthony Vosilla
Tony's Appraisal Services - Centereach, NY

You have to see the ""puffing"" on the east end of long island..To many of the brokers hire ""wordsmiths"" for their listings....

May 03, 2017 05:54 PM
Ron Aguilar
Gateway Mortgage Group - Saint George, UT
Mortgage & Real Estate Advisor since 1995

Excellent post, this article caused me to focus on your story.

May 03, 2017 06:30 PM
Pat Starnes-Front Gate Realty
Front Gate Real Estate - Brandon, MS
601-991-2900 Office; 601-278-4513 Cell

I thought puffing was simply an exaggeration of fact, not false advertising. Your post will cause me to reconsider my words. Thanks, Myrl. 

May 04, 2017 07:29 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Thinking a LONG way back to real estate school, I thought puffing was allowed (although not recommended), but stating something untrue as a fact was not. But - that was a long time ago and things change. Once upon a time "steering" was considered to be a good practice.

This post reminds me of an article written by a copywriter who writes direct marketing for alternative health products. They have to be careful not to say that this or that herb will cure anything - and they can't name specific conditions such as high blood pressure. Instead they say things like "It helps regulate blood pressure." The operative word in promoting health products is "helps" - just as your word might be "could," as in "This house could be the nicest one in the neighborhood."

May 04, 2017 08:00 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Bravo! I love this featured blog post! I believe if Mrs. Kane's lesson was taught in Real Estate School and reviewed by Brokers all over the country, there would be less puffing or hopefully none! 

Thank you, Myrl!

May 04, 2017 02:14 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Myrl Jeffcoat It has been awhile since I have heard word, puffing, but agree with your eight grade teacher.  Beware 

May 04, 2017 02:48 PM
John Wiley
Fort Myers, FL
Lee County, FL, ECO Broker, GRI, SRES,GREEN,PSA

I love me some grammar lessons. Your point on "puffing" is a lesson we all need to watch. It is not a best practice.

Thanks, I appreciate your posts.

May 05, 2017 02:45 PM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

I could state that a property is IMO the nicest in the neighborhood because of and list the features and benefits of each feature. So, IMO, that wouldn't be puffing but simply assertive marketing to any consumer that may or may not be interested in the subject property. So, it depends on how you phrase your marketing assertions, doesn't it? 

May 07, 2017 01:22 AM
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Maybe they were puffing something else when they came up with the description... lol

May 08, 2017 05:39 PM
Pat Starnes-Front Gate Realty
Front Gate Real Estate - Brandon, MS
601-991-2900 Office; 601-278-4513 Cell

Myrl, I remember your post now. It's funny how so many ideas fly through our heads. The term "puffing the goods" was first learned in real estate school oh so many years ago and I've never forgotten it.

Jun 01, 2017 06:58 PM