A licensee represents the seller of a commercial property. The licensee tells the buyer a new highway exit ramp will be built within six months to give access to the property, although the licensee knows that is only one of several possibilities being considered by local planners. The exit ramp is subsequently located elsewhere. Could the licensee be liable to the buyer for the statement about the ramp?

This choice incorrectly categorizes the licensee's statement as an opinion. However, the assertion about the highway exit ramp is presented as a fact, not a subjective view. If a statement is framed as a factual claim and is untrue, it can lead to liability regardless of the intention behind it.

While the licensee might not control the planners' decision, liability arises from the inaccurate information they provided. By stating that the ramp would be built without clarification that it was only a possibility, the licensee misled the buyer, making them liable for the misinformation.

Unjustifiable puffing refers to exaggerated claims that are subjective and unverifiable, typically used in marketing. However, the licensee's statement about the ramp is not merely puffing; it implies certainty about a fact that can be proven false, thus constituting material misrepresentation.