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Digital Image Alteration

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Education & Training with Real Estate Professionals Technology Center

     

At Curb Appeal we frequently get questions and comments regarding the ethics of digital image alteration. Real estate professionals are sensitive to this issue since it could be pointed out that alteration of a sale property is tantamount to false advertising. Some agents feel that some minor modification to a marketing photo is OK (for instance brightening dark areas, increasing contrast, etc). To them, that just amounts to taking a good photo vs. taking a poor one.  

Other agents feel there is no problem in presenting the home in its best light, digitally cleaning up the yard or virtually staging the furniture or adding a different sky, etc. Some agents even feel more extensive alteration is OK if its disclosed in the marketing materials.  

We believe that a lot of the controversy can be eliminated if its clear how the altered image is intended to be used. If the alteration is done to show the potential buyer what the home could look like and it's clear that digital alteration was performed for that purpose, then there should be no issue. Similarly, if alteration is done to convince the seller that the agent has the tools necessary to address potential buyer concerns or objections, then again there should be no issue.  

If, however, the altered photo is to be used for marketing puroposes for instance in the local MLS, other internet advertising, or in flyers, etc. then a different standard needs to be applied. Here it must be absolutley clear that the photo has been altered and a description of the types of alterations is called for. The facts surrounding the alteration have to be presented in a readily apparent manner to ensure viewers understand the property does not look like the presented image.         

Agent's must understand that the idea of digital alteration is not to deceive prospects but rather to help them envision what the house could look like, in effect unlocking the value proposition of a home. It gives buyers a chance to be able to see all the possibilities for a property.  

In all cases, agent's should follow the requirements which are described in Article 12 of the REALTORS® Code of Ethics, which states: "REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations".  

As distributors of one of the premier tools for photo-realistic digital alteration we at Curb Appeal take those words to heart. Our User Guide clearly restates the above information and all of our marketing is geared to the fact that the altered images are a way to respond to buyer concerns after viewing the actual property. That is the appropriate pitch to sellers as well. It accurately describes the most effective way to use a product like Curb Appeal.     o  

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Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

Boy, I've never heard about agents altering a photograph of a home to induce a sale. That's a violation of our Code of Ethics and is tantamount to false and misleading disclosure.  If you know of situations like this, I'd call the broker in charge and let them know about this.  If all else fails, bring it up to your local MLS or board of Realtors.

Feb 03, 2010 07:27 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Gene,  I've heard of agents using Photoshop to remove unsightly power wires, etc.  

Feb 03, 2010 07:33 AM
Graig Ponthier
Homes & Land of Greater San Antonio - San Antonio, TX

As long as you do not remove or add anything that is permanent it seems ok. Like I would not remove a fire hydrant or electrical box, etc. But making the grass green or the sky blue would seem acceptable.

Feb 03, 2010 01:17 PM