QUESTION
Is it a false claim if I claim to be the ¿#1 Realtor in Richmond for townhouse sales and rentals¿?
Asked on Jan 04th, 2012 on Business Law - Virginia
More details to this question:
I''m a real estate broker looking to brand myself as the ¿#1 Realtor in Richmond for Townhouse Sales & Rentals¿. I''m sending postcards to townhouse communities in Richmond with this phrase. I focus on townhouse sales & rentals. There may be others who do, but no one has claimed being #1. My competitors will see my postcard. Is there a legal issue with me claiming to be #1? I adhere to every letter of the legal code that concerns broker advertising. There''s nothing on claiming to be #1. Is this a false claim on my part? Has anyone been sued for claiming to be #1? Can anyone claim #1?
1 ANSWER
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As a general matter, both federal and state law prohibit means of unfair competition. These include making false statements in advertising. If your statement is true, then it is generally permissible to make it. You should be focused on the truth of the statement you plan to make and the evidence that supports it. Being "#1" imports not necessarily that you are the "best" but rather than your volume is the highest. You need to be able to substantiate this claim, if indeed you will make it.
Answered on Jan 05th, 2012 at 4:18 AM