February 15, 2011

Photography For Real Estate » EthicsConsiderations In Real Estate Photography

Over the years we’ve had a lot ofheated discussions here aboutethics of image modification in thecontext of real estatephotography. I think the subjectis important enough that I have aseparate page dedicatedto summarizing the consensusthat has evolved out of thesediscussions over the years.

Here is a general outline of thatconsensus:

1. Real estate photographers typically work for the listing agent and in some caseswill be asked to modify photographs of properties for sale.

2. Listing agents everywhere have a legal responsibility to not materially misrepresenta property.

3. Modifying or removing temporary objects like garbage cans, cars, overcast skiesetc is customary and generally not considered materially misrepresenting theproperty.

4. Removing permanent objects like power lines, telephone poles, neighboring homesetc. are customarily considered materially misrepresenting the property becausethey hide undesirable permanent property features.

5. Landscaping seems to be an area where not everyone agrees. Landscapingseems to be in between permanent and temporary. Many people believe that fixingdefects in the grass or landscaping is OK where as others believe it is not OK.When there is some question about if a feature is permanent or temporary it’ssafest to treat it as a permanent feature.

In summary the photographer is working for the listing agent, not the potential buyerand representation of the property is the listing agent’s legal responsibility, not thephotographers. However, prudence suggests that if the photographer is asked tomodify photographs they believe materially misrepresents the property, they shoulddocument in writing the fact they are modifying the photograph at the agents request.