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

While opinions may not typically be actionable, the licensee explicitly stated a fact about the exit ramp that was untrue. An opinion would not carry the same weight as a definitive assertion regarding future developments, especially when the licensee knew the statement was misleading.

Liability arises from the licensee's own misrepresentation rather than the actions of the planners. The licensee's assertion that the ramp would be built was unfounded, regardless of the planners’ eventual decisions. Thus, the licensee can still be liable for providing incorrect information.

Unjustifiable puffing refers to exaggerated claims that are subjective and often not taken literally by buyers. However, the licensee's claim about the exit ramp was a specific factual statement rather than mere puffery. Since the licensee had knowledge of the uncertainty surrounding the ramp's construction, it was a material misrepresentation rather than an innocuous sales tactic.