Can a broker's marketing material make promises that aren't actually true?

No, not properly — marketing material a broker prepares for your business is expected to be accurate, based on real information about the business, not embellished or invented to make the listing more attractive. This matters for you as the seller too, not just the buyer receiving it: if a broker overstates performance or omits material problems in materials sent to prospective buyers, and a buyer later discovers the truth, that can jeopardize a deal or expose you to a claim from a buyer who relied on inaccurate information, even if you weren't the one who wrote it.

Review marketing materials before they go out rather than assuming the broker got everything right, and correct anything that overstates your numbers or glosses over known issues. If you're the buyer reviewing materials from a seller's broker, treat marketing claims as a starting point for your own due diligence, not as verified fact — brokers are working from information the seller provided, and errors or optimistic framing can creep in even without any intent to mislead. A Treadstone business lawyer can help either side address inaccuracies before they become a bigger problem in negotiations.