In litigation surrounding misleading or deceptive marketing materials, all text, photos and floor-plans included on material is considered, along with the character of the property and nature of the parties. A disclaimer should be included on all marketing brochures in order to limit the agent’s liability and the vendor must sign off on all inclusions. While a disclaimer does assist in protecting an agent, it isn’t a ‘get-out-of-jail-free’ card. Please watch our short video for further information about disclaimers and their use in marketing of properties.

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