False Claims vs. Ambiguous Language

Because Florida state law is purposely nondescript, the accusation of false advertising can only be levied in circumstances in which the party filing the complaint has undeniable evidence of the resulting damages, which can be difficult. This allows for a lot of marketing leeway.

The problem is especially prevalent online, where expansive, low-cost platforms allow for brokerages and agents on any budget to say pretty much whatever they’d like without much regulation.

Consider, again, the slew of brokerages in Miami who pepper the local industry with unqualified, often contradicting claims of greatness and leadership. Without contest, The Jills, with more than $550 million in residential sales in 2013 alone, according to the New York Observer, take the legitimate spot as No. 1 in Miami. However, to an online reader who’s only just beginning their search for a real estate agent or brokerage to work with, the myriad claims of being No. 1 in Miami, leaders in technology, the best Realtor or some variation of vague aggrandizement can make the selection process confusing. For most, purchasing a home will be the largest investment they’ll ever make, which is why buyers who want to work with Realtors look for the best.

Not all companies and agents, though, produce puffery. Take, for instance, Nancy Batchelor who categorizes herself as a “top real estate agent” on her website. Alone the claim is vague, but Batchelor accompanies the statement with several screen shots of the actual Miami magazine article in which the publication named her a top agent. For potential buyers and sellers who stumble across her page, they’ll know instantly what she means when she says “top agent,” and who originally awarded her the distinction.

To be seriously considered by a Florida judge, false advertising suits need to address something quantifiable that might seriously impact a person’s decision of whether to do business with that particular entity. So while ACME Realty, legally, has free reign to say things like “we’re the best around” or “ACME is Miami’s go-to source for real estate,” the company need only add a hint of specificity to potentially endanger their business.