Unbeknownst to most first-time homebuyers, real estate agents have been exploiting artistic impressions to sell houses and property for decades. Photos of real estate property can be altered using simple photographic tactics or editing software to make the property appear better than it is. Greener grass is always made, and bluer sky are always shown.
It is critical that the property be not falsely represented when image enhancement services are employed by real estate agents and companies. If an image is misleading where it “leads to a reasonable belief in the existence of a state of affairs that does not in fact exist” or by “acts of silence or omission”. Any misrepresentation could result in the buyer having erroneous or incomplete knowledge of the property. Individual agents can be fined up to $220,000.00 and companies up to $1.1 million for deception that misleads the consumer.
The general rule is the removal of build in material facts from a property image is deemed to be misleading the buyers. Power lines, neighbouring buildings, vents, air-conditioning units’, objects that blocks balcony views, or objects located in neighbouring properties are examples of objects that cannot be removed from an image. The responsibility is on the agent to correctly display the physical features of a home. Furthermore, including a feature that does not exist is deceptive.
So, what is fair game?
Used in the correct way there is multiple fair and practical reasons for image enhancement:-
- Weather
While photographers strive to capture the perfect shot on a sunny day, the weather does not always cooperate. Overcast days are common and reshoots are not always possible. Editors will then replace the weather to enhance the property’s appearance.
- Clutter and obtrusive objects
Some properties are not on a quiet street with few, or no cars parked in front, and sometimes a car is obstructing the property from every aspect available. Obstructive things can be eliminated to provide the buyer with a clear view of the property.
If the house lacks furniture or the current ones do not complement the home, furniture can be added to the photographs to make the property more appealing to the buyer.
- Renovations
As the auction date approaches, the property may be undergoing renovations. The editing team may have used the building or landscape blueprints to fill in the gaps and finish the renovation ahead of time. In this situation, a disclaimer stating that some characteristics are digitally created to represent the final work must be provided.
- Garden neglect
Some properties can be neglected for a period of time. The lawn may be overgrown or patchy, the garden may be overrun with weeds, or there may be some leaves in the pool. All of this may be corrected before an open house or a buyer’s inspection.
Buyers beware – Reality is never as good as the photographs, it is filled with life’s imperfections such as scratches on the glass, peeling paint and floorboards worn from years of usage. An inspection is an important part of the process of purchasing a property, ensuring that the property is in the condition it should be.
While images can be altered, real estate agents must guarantee that the photographs used in real estate advertising provide correct information to the customer. Agents must also take reasonable steps to verify and confirm the specifics of the property they are selling to avoid error, omission, exaggeration, or misrepresentation. This involves determining whether or not a house is in a specific school catchment area.
If you have any further questions or concerns, please contact our experienced and dedicated commercial and property solicitors at Macrossan & Amiet Solicitors.
