Are there any legal ramifications to using \’upgraded\’ or \’updated\’?
We deal with a lot of investors that have been flipping houses, and do an amazing job re-imagining some of these homes. I was recently told that using the words ‘updated’ or ‘upgraded’ could potentially get an agent sued. My theory is that if you say something specific was upgraded/updated… electrical per se, and it was NOT, then sure you’ve opened yourself up to misrepresentation. But thought I would ask if that is a real legal issue, from what I was told by a more senior agent (my father) was that those two words imply that electrical, mechanical, etc systems are NEW. Again I am never specific, that’s the inspectors job to point out or not!
Thanks for the question! In a litigious society anyone can file suit for anything, so the answer to your question is “it depends.” They’d have to prove their case, of course, but to remain safe, I’d be specific when using these words and instead of just saying “upgraded” or “updated,” I’d say what was done. For example, “upgraded windows,” “updated appliances.” Then there’s no gray area.
Hope this helps!