As discussed at our joint office meetings this week, CRMLS has indicated its intention to more strictly enforce misleading or inaccurate advertising in the MLS, including images that do not “present a true picture to the public” concerning the property.
As of January 1, 2019, the relevant MLS rule provides, in pertinent part:
“12.10 False or Misleading Advertising and Representations; True Picture Standard of Conduct. Participants and Subscribers may not engage in false or misleading advertising, including, but not limited to, advertisements or representations … about any property listed with the MLS. MLS Participants and Subscribers shall present a true picture in their advertising and representations to the public, including internet content, images and the URLs and domain names they use, and Participants and Subscribers may not:
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12.10.2 Manipulate (e.g., presenting content developed by others) listing content and other content in any way that produces a deceptive or misleading result;
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12.10.5 Otherwise mislead consumers, including the use of misleading images.” (Emphasis added.)
This rule is consistent with NAR Code of Ethics, Article 12, Standard of Practice 12-10, which contains nearly identical verbiage.
So, what does this mean? Listings may contain photos of pertinent neighborhood amenities that are directly related to the listing. Examples include pictures of community/HOA amenities (e.g. pictures of community pools, tennis courts, playgrounds, etc.). Any such photos used must present a true picture of the listing and not confuse a consumer or agent about whether the amenity is part of the actual ownership of the property.
Listings may not contain photos of animals, people or other items not relating to the property. Some examples may include general pictures of Orange County, the piers in the coastal areas, parks, or action pictures of community events.
If anyone has any questions concerning pictures for a specific listing, please feel free to reach out to me to discuss.