*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q:  “I have a listing for which I had staging photographs taken.  Several photos of the front of the property look great, except that part of a trash can is visible on the left side of the photo and a streetlight post is visible on the right side.  Can I use photo-editing software to remove these items?”

A:  Removing the trash can would likely be acceptable but removing the streetlight post would likely not be.  In general, removing non-permanent items from a photo does not violate the duty of REALTORS® to present a true picture in advertising, while removing permanent features would violate that duty.  Here, assuming the trash can is a non-permanent item, it would be acceptable to remove it from the photo. However, assuming the streetlight post is permanently affixed to the property, it would not be acceptable to advertise a photo of the property in which the post had been digitally removed.  Even when editing a photo to remove non-permanent items, it is still a good practice to disclose that the photo has been digitally edited.  

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