An agent tells a prospective buyer that seepage in a basement has been corrected, knowing that the crack has simply been filled and painted over. This is an example of

• A. Puffery
• B. Negligence
• C. Fraud
• D. Misrepresentation

Answer: (D)

Misrepresentation happens when someone makes a false statement about a property’s condition or conceals a material defect in order to influence the buyer’s decision. Here, the agent claimed that seepage had been corrected, knowing that the fix was only superficial—filled and painted over without a real repair. That’s a false factual statement about a condition that would matter to the buyer and is presented to induce a purchase. It’s not just puffery (opinion or exaggeration) about the home, and it isn’t a simple case of carelessness or negligence, since there’s knowledge of the truth and an intent to mislead. The deliberate false claim about a material defect fits misrepresentation, which is the reason this choice is the best answer.