Tom Kelly: It’s difficult to prove false property description was deliberate
Descriptions sometimes are too complimentary and do not accurately describe the property for which they were written. Some homeowners and creative real estate agents, like many people in the sales game, dress up a product prettier than it actually is to lure the largest number of potential buyers – especially when the market has slowed in many neighborhoods.
Does the medium in which the listing appears have the obligation to check for accuracy? In a capsule, you don’t shoot the messenger. Most of the time, when a listing is out of line, so is its author.
The publication is not in the business of confirming advertising content, unless the error is a blatant misrepresentation. However, if an ad stated, for example, that a home was a waterfront property in a totally homogeneous neighborhood and it was neither, the medium could be held accountable.
There’s no doubt that it is extremely difficult to continually find ways to describe homes. Let’s face it – ordinary places are ordinary. Many agents dread the task and some firms now have designated ad writers. Some get carried away, but how many lovely adjectives really exist to camouflage an absolutely tiny kitchen?
Ten years ago, when national home sales last experienced a significant slowdown, agents and ad writers were faced with the difficult task of merely getting buyers to look at homes. Some ads were clearly in dreamland. But the downturn was quickly forgotten when an extraordinary run of home appreciation was the spark plug of the economy and potential buyers flowed into weekend open houses. If there was a complaint, it usually involved perennial “Looky Lous,” or window shoppers, who constantly tour but seemingly never make a competitive offer.
We may see more creative writing than usual soon as many agents in some markets have to sharpen their marketing skills after years of taking orders. Economists have advised buyers to examine market fundamentals such as employment and population growth before making a move.
In a capsule, a media advertisement is nothing more than a solicitation to make an offer. If a consumer feels misled by the ad, the question becomes “how have you been damaged?” Other than your disappointment, how has this been to your detriment other than losing some time and fuel expense?
Most major real estate advertisers – large realty firms – not only are given booklets to explain publishing policies and copy guidelines, but they are also reminded that misleading advertising usually reflects negatively on the advertiser’s business or product. Typically, when a publication gets a complaint – even the basics of misrepresenting the number of bedrooms or bathrooms – managers send a note to the advertiser about the inquiry.
Although newspaper weekend “Home Section” supplements are popular, most companies rely on other means to secure customers, including their own websites, radio and television. (In 1984, the television industry was deregulated, allowing commercial content programming. Previously, programming was limited to seven minutes of commercials for each 30 minutes of programming.)
Puget Sound residents are spoiled and often take for granted the number of properties with amenities in this region. The numerous bodies of water coupled with terraced hillsides offer area residents view opportunities not available in most areas of the country.