Is false advertising illegal in China?

China adopted a new advertising law in September 2015 which impose stricter controls on advertisers wanting to promote their goods or services within the People’s Republic. First, the Advertising Law prohibits false or misleading content.

What does puffery mean?

In law, puffery is a promotional statement or claim that expresses subjective rather than objective views, which no “reasonable person” would take literally. Puffery serves to “puff up” an exaggerated image of what is being described and is especially featured in testimonials.

Is puffing in real estate illegal?

Puffing is usually a exaggeration made by a salesperson or found in an ad regarding the quality of the item or the service offered. It is more of an opinion than a fact, which is why it is usually not considered binding. Puffing is legal as long as the statements are not fraudulent. It’s not lying, but it’s close.

What are examples of puffing?

You’re not lying, after all; you’re just exaggerating. A different, more insidious example of puffing in real estate is that of a realtor we will call Michael. Michael has a listing that wouldn’t be difficult to sell if it weren’t for one crucial detail: the owner wants an exorbitantly high price for the property.

Is Puffing unethical?

You should not confuse puffing with fraud. Puffing involves giving an opinion or exaggerating the quality of something that no reasonable person would believe is meant to be a statement of fact. While puffing is generally not illegal, it can raise ethical concerns if taken too far.

Can Realtor lie about other offers?

Those rules and laws would prohibit the real estate agent from lying, but the agent has the ability to market the property to get the seller the best price possible. If the seller has other offers, the listing broker usually will come back to you and ask for your best offer.

Do sellers always pick the highest offer?

When it comes to buying a house, the highest offer always gets the house — right? Surprise! The answer is often “no.” Conventional wisdom might suggest that during negotiations, especially in a multiple-offer situation, the buyer who throws the most money at the seller will snag the house.

Can a seller accept another offer while under contract?

A seller cannot accept another offer if the listing became “in-contract.” A home is “in-contract” after the buyer and the seller have signed the contract.

Can you sue a real estate agent for lying?

In addition to the lawsuits listed above, you may also be able to sue a real estate agent for lying. However, suing for a lie or misrepresentation is not as simple as it sounds. The nature of the lie will have a huge impact on the legality of such a suit.

What happens if a seller lies on a disclosure?

A seller who fails to disclose issues with the property may be held liable for any damages the buyer bears. The buyer may also claim damages for any difference in the property value because of the issue. Your real estate litigation attorney can advise you if you have a case and the value of your damages.

Can I sue the person I bought my house from?

Even if you think you’ve been wronged, you can’t sue everyone who was involved in the sale of your home. As mentioned, nearly every U.S. state has laws requiring sellers to advise buyers of certain defects in the property, typically by filling out a standard disclosure form before the sale is completed.

Do sellers have to disclose flooding?

In California, a seller and/or their real estate agent has a duty to disclose to a prospective buyer that a home is located in a flood hazard area. This information is known as a material fact because its disclosure will likely affect a buyer’s decision in whether or not they go through with the property transaction.

What must a seller disclose?

As a seller in California, you must also complete an additional disclosure form, the Natural Hazard Disclosure Report/Statement, prior to any home sale. You will need to include information about all appliances in the home, including which are included in the sale as well as whether they are operational.

Is a house worth less if someone dies in it?

An outdated kitchen or leaky roof can make it harder to sell a house. But an even bigger home value killer is a homicide. According to Randall Bell, a real estate broker who specializes in real estate damage valuation, a non-natural death in a home can drop the value 10-25%.

What is the biggest reason for making an offer contingent?

The primary reason why a buyer should make their offer contingent on a home inspection is to ensure the home does not have any major deficiencies. It’s almost a guarantee that a home inspector will find issues with every home.

Can a seller back out of a contingent offer?

To put it simply, a seller can back out at any point if contingencies outlined in the home purchase agreement are not met. These agreements are legally binding contracts, which is why backing out of them can be complicated, and something that most people want to avoid. They can’t find another home to move into.

Why would a seller not want a home inspection?

Sellers tend to like these offers because it essentially means they are selling the home ‘as is’ and are not responsible for any thing that is not immediately visible. Without a licensed inspector viewing the property, the buyer can only comment on the things that they see that are potentially wrong with the home.

How do you bump a contingent offer?

The bump clause allows the seller to accept another offer, so long as the seller notifies the original buyers and sees if they will waive their contingency. If not, the buyer accepts the new offer and the first buyer receives the payment they put down.