Introduction
With Zillow’s $1.93 million penalty over photo copyright infringement upheld by the US Ninth Circuit on June 7, 2023, real estate photos are again the talk of the town. What constitutes a fair use of photos to represent a property? What are the borders you can’t cross in real estate photo editing? How to balance the liability to disclose defects against the need to grab the attention of a buyer? These are questions haunting real estate photo editors and professionals.
And now, with Photoshop adding ‘AI-generative fill’ you also need to count the consequences of AI used to lift the looks.
For an MLS property listing site, revenue depends directly on attractive photos and sales.
But the buck must stop somewhere, and that brings us to the legal and ethical considerations of real estate photography editing.
Even though Zillow’s case is not about photo editing per se, it highlights that MLS sites cannot avoid liability, even if it’s something so minor as photos, and where there’s been misuse or illegality.
While there are few citable verdicts to illustrate the legal consequences of unprofessional or unethical real estate photo editing, there are lawyers and insurance companies in every country offering specialized services to protect real estate agents and property portals against this specific pitfall. Overediting of photos leads to fraudulent misrepresentation.
On top of it, in every developed country, realtor’s associations have clear rules and guidelines against unethical practices regarding the misrepresentation of properties. In the US, the National Association of Realtors has its REALTOR® Code of Ethics regarding a realtor’s duties and how to avoid misrepresentation by act, omission, or photos.
The ethics of real estate photo editing
The main ethical principle in real estate photo editing is truthful representation. While it might be tempting to remove an unattractive power line or add a stunning sunset, we have to weigh the effect of such editing on the perception of the buyer. Whether it will act simply as attraction or misrepresentation.
There are cases where you might have to declare if something has been edited out for the purpose of better representation. Under ethics, it relates to the obligation to disclose all relevant information.
The real purpose of real estate photo editing is to ‘put the best photo forward’ without distorting the truth.
This means no altering of room sizes, no changing wall colours, and definitely never misrepresenting the property's condition. The property's environment should also be accurately represented. If there's a busy road next to the property, it should be in the picture. No exceptions on how to edit real estate photos.
There have been shocking instances of unethical editing over the years. From disappearing neighbouring buildings to adding a non-existent pool, these practices not only deceive buyers but also harm the industry's reputation.
Let's break it down:
Picture this - a property with a power line, a neighbouring building, or a busy road adjacent to it. Now, imagine these elements edited out. It's a misrepresentation, plain and simple. When potential buyers visit the property and discover the reality, it's a recipe for disappointment.
Here's another no-no. Adding elements that do not exist in the property. Imagine adding a swimming pool, a landscaped garden, or a beautiful sunset view when the property doesn't even have a west-facing view. It's like selling a dream that doesn't exist, leading to false impressions and potential legal issues when buyers feel misled.
This involves enhancing the property's features to an extent that it no longer mirrors reality. Making the rooms look significantly larger than they are, enhancing the greenery in the garden to an unrealistic level, or brightening interior photos to the point where they don't accurately represent the property's lighting - it's all a big no-no.
Changing the colour of the walls, the texture of the flooring, or the material of the countertops might make the property look more appealing in photos, but it's a misrepresentation of the actual condition and design of the property. If you do that, you need to declare you have spruced up the looks to represent ‘what could be’.
Removing temporary negative features that are not persistent features or conditions of the property is ethical. You can remove that pile of trash that was outside on the day of the photo shoot, or the neighbor's car parked awkwardly in the driveway because these are not permanent features. Temporarily present items like garbage bins, stray wires, or dust spots can be ethically removed to present a cleaner look.
Here’s the reasoning behind what’s deemed ethical and what’s not in photo editing.
Imagine a property with a dirty stream in front. While the stream might be unattractive, it's part of the property. Removing the stream in photos might make the property look better, but it's not truthful. When buyers visit and see the stream, they might feel tricked, leading to trust issues and possible legal problems.
It's important to know the difference between editing a photo and manipulating it. It's fine to brighten a photo taken on a cloudy day to make it look sunny. But it's not right to add a sunset when the property doesn't face west. Our role is to improve, not to mislead.
Legal considerations in real estate photo editing
Misrepresenting properties through photo editing or manipulation can lead to serious consequences, including lawsuits, fines, and even the loss of a real estate license. It's a slippery slope, and one that requires careful consideration and adherence to ethical and legal guidelines.
Let's look into some unethical or unlawful real estate photo editing practices and their potential legal implications:
This involves altering photos to depict features that do not exist or removing existing features that might be seen as negative. For instance, using real estate photography editing tips to add a pool that doesn't exist, removing a nearby power line, or using photo editing techniques to make a small room appear larger.
These practices can lead to lawsuits for misrepresentation. It's crucial to understand how to edit real estate photos in a manner that accurately represents the property, highlighting its best attributes effectively.
Infringement of privacy in real estate photo editing is usually through omission and not action. It is the duty of the real estate photo editor to ensure that photographs do not infringe on anyone’s privacy and to edit out such material.
These could include images of personal items or belongings that have identifiable information like family photos, or images of private spaces of an adjoining property such as bedrooms or bathrooms appearing in the photograph without consent.
This involves editing photos to the extent that they fall under false advertising. For instance, significantly enhancing the property's features, such as making the interior look bright and sunny when it's not. False advertising can lead to legal penalties. Real estate photo editing should enhance the property's appeal, but not at the cost of truthfulness.
If a real estate photo editor uses copyrighted elements in their edits without permission, it could lead to legal issues. For example, using a copyrighted image of a sunset or a city skyline as a backdrop for the property. When looking for photo editing ideas, it's important to respect copyright laws and only use images and elements you have the right to use.
In some US jurisdictions, it may be illegal not to disclose that a photo has been significantly edited. If potential buyers or tenants are not informed about the extent of the editing, this could potentially lead to legal issues. Transparency is key in real estate photography editing. Whether it's a simple noise reduction, object removal, virtual staging, home staging, day-to-dusk transformation, or sky replacement, it's important to disclose any significant edits.
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Check out Hitech BPO’s work in real estate photo editing for countless clients and how it balances the fine line of editing and manipulation effectively.
The role of professional standards and guidelines
Professional standards and guidelines play a pivotal role in the realm of real estate photo editing. They act as a beacon, guiding photo editors to create engaging yet truthful representations of properties. One such guiding light is the REALTORS® Code of Ethics, a set of standards that ensures edits do not compromise on reality.
Adherence to standards
As a professional photo editor, your work needs to comply with the standards and guidelines set by industry bodies. These standards help you maintain ethical practices, ensuring that every edit you make is a safe act.
Quality assurance
These guidelines are not just about ethics; they also play a crucial role in ensuring the quality of your work. They might specify acceptable levels of brightness and contrast adjustments or provide guidance on how to make real estate photos look professional. These guidelines ensure that your photos are not just appealing, but also natural and realistic.
REALTORS® Code of Ethics
The REALTORS® Code of Ethics gives clear rules for correctly representing properties in photos. It's a guide on how to edit real estate photos while keeping your professional integrity. It might discourage actions like removing objects or replacing the sky or give tips on improving photos without misrepresenting the property.
Following these rules helps you stay ethical. It makes sure your work is not only visually pleasing, but also truthful and accurate. Whether you're boosting a property's colors, minimizing photo noise, or virtually staging a home, these rules ensure your edits reflect reality.
Professional standards are tools, not just recommendations
In the world of real estate photo editing, professional standards and guidelines are not just recommendations; they are essential tools that help you create truthful, engaging, and high-quality photos. They remind you that while your job is to make properties look their best, it's equally important to represent them as they truly are.
The importance of communication and transparency
The first step is to have clear communication. As a photo editor, you know it's important to discuss what can and can't be done in editing. You set the expectations from the beginning. It's like preparing everyone for what's to come.
Next, transparency is key in the editing process. You believe in being open about your methods, explaining why certain edits can or can't be done, and how different edits might affect the final image. It's like giving clients a peek into the work that goes into each edit.
For instance, during a client meeting, you might explain why you can't remove a neighbouring building from the photos. "It's not about what we can do," you might say, "but about what we should do. Removing the building would misrepresent the property, and that's not what we're about." It's an honest moment, showing your dedication to ethical real estate photo editing.
Know how Hitech BPO implemented an automated editing workflow to edit a 0 nd deliver 3000+ real estate photos daily, with multi-layer classification, guided by a QA team that made multi-layered checks on engagement, complexity, legal, and ethical considerations. The edited images were then uploaded to the client’s FTP, in line with their catalog requirements.
Communication and transparency are not just steps in the dance of this process. They are the music that guides the dance, the rhythm that sets the pace. They ensure that every edit, and every enhancement, is a step towards creating a truthful, engaging, and high-quality representation of the property.
Data storage and privacy considerations
Data storage and privacy are as crucial as the editing process in the real estate industry. They're the foundation of your work, ensuring every edited photo and saved file is treated with care and privacy.
Secure storage
In today's digital world, where data is valuable, securely storing photos is a priority. You understand that each photo is not just an image, but a part of your client's property and their privacy. So, you make sure all photos are stored securely, protecting your client's privacy as if it were your own.
Legal compliance
But secure storage is just the start. You also comply with data protection laws, keeping photos only as long as needed. It's a balance between respecting your clients' privacy and staying within the law. It's not just about following rules but understanding their purpose - respecting privacy and the right to control one's data.
You might have a policy on how long you keep real estate photos after delivery, following the National Association of Realtors guidelines. "We keep photos for six months after delivery," you might say. "After that, they're securely deleted. It's our way of respecting your privacy and ensuring your data is always under your control."
Data storage and privacy considerations in real estate photo editing are not just about legal compliance but a commitment to respect and protect clients' privacy, a promise to handle their data with the care it deserves. These storage norms build trust between you and your clients, assuring them that their privacy is always your top priority.
Guidelines for real estate professionals on photo editing
As you realize that the world of real estate photo editing is complex, adhere to the following guidelines to ensure that the edited work is both ethical and legal, and thus avoid possible future headaches.
Here are some key guidelines and real estate photography editing tips that can help real estate professionals avoid misrepresentation and maintain the highest standards of integrity:
The first rule of thumb is to refrain from eliminating existing elements that are permanent or long-time features or fixtures, during photo editing. Whether it's a streetlight, a power pole, or a tree, these elements are part of the property's reality and should remain intact in the edited photos. It's about presenting a true picture, not creating an illusion.
It's also important to avoid altering or retouching neighbouring properties. This could falsely represent the neighbourhood. Remember, when you're editing a property photo, you're also representing its surroundings.
Steer clear of significant modifications to images that could potentially mislead a buyer. This could include changing the size of rooms, altering the landscape, or enhancing the property's features beyond reality. The goal is to enhance the property's appeal, not to create a false impression.
Do not manipulate the proportions of photographs or “stretch” them. This could falsely represent the size of rooms, making them appear larger or smaller than they are. It's important to maintain the integrity of the property's dimensions in your edits.
Establish clear guidelines about what is permissible and what is not when editing raw property photographs. Share these guidelines with your real estate photographers to ensure everyone is on the same page. This not only maintains consistency in your work but also upholds ethical standards.
Finally, scrutinize your listing and marketing materials. Ask yourself, “What kind of impression does this information convey to a potential buyer?” and “Could this information be misleading in any way?” It's a final check, a moment of reflection to ensure your work accurately represents the property.
By adhering to these aforementioned guidelines, you can ensure your real estate photo editing approach is both ethical and legal. It's about maintaining a balance - enhancing the property's appeal without compromising on its reality. The process ensures a truthful, engaging, and high-quality representation of the property that respects both the buyer's right to accurate information and the seller's right to present their property in the best possible light.
Conclusion
Real estate photo editing can turn ordinary property photos into stunning visuals. But it's crucial to edit responsibly, enhancing properties' appeal without misleading buyers. This involves being honest and accurate, considering legal issues like misrepresentation, privacy, false advertising, and copyright. It also requires professional standards, clear communication, transparency, and proper data handling.
Hitech BPO, an experienced real estate photo editing agency, understands these complexities and maintains high integrity standards. The company is dedicated to improving property appeal without distorting reality, sticking to ethical practices and legal guidelines. In short, real estate photo editing is a balance between art and ethics, creativity, and legality, and with a partner like Hitech BPO, this balance can be achieved smoothly.
