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Top 10 Issues for Flyers & Advertisements

1.    Remember that everything you say can form the basis for a claim against you.  With this in mind make sure you balance your marketing needs with your risk avoidance needs.

2.    All square footage referenced should include a disclaimer that states such reference is unverified.  In addition, identify the source of the information.  Square footage should be rounded to the nearest one hundred feet.

3.    Do not use absolutes such as “best” and “greatest”.  It is okay to use adjectives that are not absolutes such as “beautiful” and “great.”

4.    Do not place a monetary value on features of the property.  References to monetary values of features are inherently risky as the value to purchase is generally different than the value to sell.

5.    Do not use the word “new” to describe any feature.  The term “new” is inherently risky as it is a relative term.

6.    Do not use brand names such as “Jacuzzi” to identify features.  Instead use the generic term such as “hot tub.”

7.    Do not make any representations that will compromise your clients’ position or impact their privacy concerns.  Example: “Divorce - Sellers are Desperate.”

8.    Try not to include anything that you have not independently verified as being true.

9.    Include a general disclaimer as follows: “The information contained in this flyer is unverified.  Potential buyers should take all steps necessary to satisfy themselves regarding the information contained herein.”

10.    Have your clients sign all copies of flyers and advertisements.

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