If a broker advertises a property with two scraggly bushes and a damaged tree as having beautiful landscaping, what is this an example of?

The scenario described is an example of puffing, which refers to exaggerated statements or claims that are subjective and typically not taken literally by consumers. In the context of real estate, puffing allows brokers to promote a property in a way that highlights its positive attributes, even if those attributes may not meet the literal standards expected by potential buyers.

While the broker's description of the landscaping as "beautiful" may not align with the reality of the two scraggly bushes and a damaged tree, it is generally understood in the industry that such embellishments are part of sales tactics aimed at creating an appealing image of the property. Puffing is considered acceptable as long as it does not cross the line into outright misrepresentation or fraud, where there is an intention to deceive or where false statements are made about factual circumstances.

This distinction is important because misrepresentation typically involves stating a false fact that leads to a buyer's decision, while puffing relies on subjective opinions that are unlikely to be construed as factual. Consequently, in this case, the broker's description falls under the category of puffing rather than other, more severe legal terms.