My old broker used to say if you are asking yourself this question then it probably crosses the line.

In this business Fred Griffin there seems to be no limits or boundaries ... 

LOL!  Once you get busted for it, that's the point it's gone too far.

It seems to me it is a line that EVERYONE can see except the one who crosses it.

Fred Griffin The potential buyer will always know when the facts are distorted. Unfortunately, it is time wasted to find out. Until it comes up in front of a Judge, people will get away with it.

I think the photo is more humorous than misleading.

In today's litigous society, choose wisely! Everyone has an opinion and many lawyers are looking for work!

Huh, you mean real estate agents are not required to be honest an ethical? I had no idea *insert sarcasm here*

I'm not sure why a "staged" home would be viewed as puffery, as a home with the owner's things wouldn't.  The stuff in the home, whether staged or vacant or containing owners' stuff, isn't what is being sold.  Buyers should realize that.  They are buying real estate and not the stuff inside.  The graphic is cute but we all know it's a hard boiled egg.  I do think that pictures showong real estate . . . which is what we are licensed to sell, can be done to get feet through the door.  My pet peeve, in my local market, is advertsing the home (for example) as a 2,300 sq. ft. home, and then in the listing sheet it's 750 sq. ft. of UNFINISHED BASEMENT, which isn't living space.  And checking on taxes, the property has 1,550 of living space.  That's misleading.   Some basements are like garages . . . they can not be lived in and shouldn't be included as the living space.  Buyers see it and think they are buying a 2,300 sq. ft. home.  They are not.  They are buying a 1,550 sq. ft. home with unlivable 750 sq. ft. of basement.  The other issue with unlivable space is that it skews the $/sq. ft. sold stats.  If a buyer buys a 2,300 sq. ft. home for $459,000 that's @$200/sq. ft.  If a buyer buys a 1,550 sq. ft. home for $459,000 that's @$296/sq. ft.  That's more misleading, and sets inaccurate market value.  Blow the real estate balloon with too much hot air . . . BOOM goes the market.  And Portland is a big blow hard, IMHO when it comes to this crap.  But that's just me, what do I know?

IF the basement can be FINISHED (some can not due to head room, inability to include windows, etc.) THEN add that sq. ft. to the living space.  Otherwise, don't include it, just as we don't include the garage space as livable.

Is this real? Nothing would surprise me anymore, really at all.

Tough to draw the line on that one. I showed a Photoshopped home that looked great in the MLS but once we saw it we know it was a tear down. I think it would be difficult to prove it in a hearing at the board, but agents like that will work themselves out of the business quickly.

Well in real estate the best term is puffery. I don't know how to describe 'the line' that has to get drawn. Then there is the disclaimer that is in 2pixel size at the bottom of the ad or TV.

When things like power lines and the junky neighbors are removed from photos and stating borderline untruths like a little paint will make this new. NOT!

I once was showing a house and when I got to it, I realized that it had been abandoned for years and obviously the pictures were several years old. That was very misleading but I'm not sure if it was misrepresentation.

Some agents are in love with their ultra wide angle lens and their photoshop program. It causes resentment when the buyers actually walk through the house.

Fred,

We would steer clear of practices like that.  We have fired clients who have suggested puffing descriptions and charging for square footage that should not be charged for.  In the long run, somewhere along the line a law suit will rear its ugly head...A

I might crank the color or lighten or darken a photo. Otherwise, I just take/use photos that came straight out of the camera. Better to make sure I take good angles, the best view, etc. from the property itself. Hate it when people take photos that you KNOW were not taken on the property.

embellish too much and you lose credibility in my book.  

Great photo. I have never really run across this problem.

Really good question. Several years ago we represented a house located next to a storage facility. The professional photographer hired focused on the front of the home and augmented the colors and made the home look as good as possible. You could see the storage facility, but it was dulled and not in color. In my opinion, this was factual - you could see the location, but the emphasis was the nice home. We sold the house with no misrepresentation. Success!

It is hard to really define what is real and what is memorex.  I might be dating my self with that comment but everyone has to go to bed with themselves and wake up the next morning.  If you can live with that person, more power to you.  

Cute photo.  It seems truthiness has no boundaries.  

Love your pic, Fred!  Made me laugh!  I've come to accept that there will always be those whom will cross the line, or tip toe extremely close to it.  They will always find ways around to try and generate leads.  I think a number of people figure it out themseleves that most of these ads are a bit misleading and avoid them.

I'm with Wayne Martin on this one..be careful!

Creative 

+1 on the pic. 

But yeah, property lines/structural issue's and such  .. it is a buyer beware world.

People will tell big, fat lies if they think they can get away with it.

Stick with selling the sizzle and you will never go wrong.  Nothing wrong with telling your client you see them giddy with joy living here etc.

Make it a Great Day.

Well Fred Griffin, your photo gives me a different prospective on your question. 

At one time I wanted a particular size of home with certain amenities.  Using the MLS I found it!  Made an appointment - drove over - WOW! I was disappointed.  I understand using descriptive words and photo shop for pictures, even staging.  But some agents go too far.  

I love your picture. I do what I can to best represent any property. 

Good question, Fred.  Technically this ad may be correct, but it certainly is misleading.

Oh, that's a good one Fred. There is a fine line, but I'm not sure where it is. Perhaps on a case by case situation. Let say it's a gray area. But in some other cases, there is no doubt - like an outright lie, an incorrect fact, or a obvious break of the rules. Other commenters offered good examples of them.

Subjectivity and interpretations keep me in business - I always make fun of those when with clients.

I use photoshop only to remove kitchen counter appliances, etc. Not defects in the home.

It is intersting isn't it Fred Griffin - is it any wonder many perceive real estate agents on par with used car sales people!

Love the picture and I agree that the NAR has pretty clear guidelines on what is considered acceptable. I am sure most of us have viewed a home that didn't look anything like the pictures.  I recently viewed a home that wasn't even the correct front view of the house - turned out it was a picture of the neighbor's home. Big mistake!

Kathleen Daniels nailed this one!

that is a funny picture! I think the NAR guidelines are pretty clear on this 

Distortion of the facts is not appropriate.

Thanks

Interesting, but I think the biggest misrepresentation I see is what sellers leave off of their seller disclosure paperwork.

Fred Griffin - now the question is 'How Far'. And I have seen many misrepresentations leading to my buyer getting upset over that.

So far, never filed a complaint - so it is difficult for me to say, how much is too much.

Maybe, one day, a simple act of 'misleading' and I'll.....blast?

Are we talking about Boneless Eggs or Real Estate here Fred?

Personally, I like my eggs without bone and without shell fragments.

Great pic!

That is pretty lame...

Humour is funny because the lie is obvious.  It does not disrespect.

Deceit is not funny, because the lie is hidden.  There are many shades of grey because there are many degrees of hidden.  Deception is always disrespectful, and some is egregiously disrespectful.

For me it is not a question of how far we should go to deceive, but how willing are we to disrespect ourselves and the other person by our deceit? Disrespect is never healthy.

In practice, I'm not opposed to taking out some of the power lines.  They seem more obvious in the photo than in real life because you walk up to the building and leave the power lines behind.  I've seen such a before and after situation, and wished they had left some lines in, for the honesty of the site...but it wasn't my decision.

I love it.  I think it depends on who s putting out the info

Hi Fred - When the truth is purposely obscured to provide a false understanding, the line has been crossed.

The truth surfaces sooner or later, so it's best not to embellish too much lest you lose your credibility forever and it's not worth it.

First off, I love the photo!  That's funny!  

As for marketing, I prefer to attack the negatives with a positive objection as I KNOW what the trigger points will be.  For example, I see many agents post photos of homes that are on a horrible hill, not showing the hill and when you arrive to show it, the buyers don't want a steep driveway.  

I would market it totally differently - showing the hill and sharing, "known in the neighborhood as the 'house on the hill' you'll never exprience flooding in this home..."  

Buyers are going to express OBJECTIONS when they see the homes with the fluff.  Half of the agents don't know how to (or don't care to) overcome objections so, I'd rather be the one to overcome any negatives right out of the gate!  Forget the fluff!

Go to the edge and then pull those regins in. Everyone knows this boundary

I think photo shopping is a bit much.  The pictures should reflect the property.  What use is it to lure a buyer to a home and they see it is NOT as pictured?  It isn't like you will pull the wool over  a buyer's eyes once they see the property.  As a agent I would not appreciate wasting my time taking clients to a  home that was materially different than the pictures.