Why Cracking Down on Photoshopped Real Estate Images Is Long Overdue — For Rentals and Sales Alike
/The new push in NSW
The recent move by the NSW Government to crack down on misleading photos in rental listings is a long overdue reform. According to the Daily Telegraph’s headline, the legislation is aimed at stopping landlords and agents from digitally altering property images in ways that misrepresent the true condition or features of a home.
It’s easy to dismiss this as simply about grass colour touch-ups or brightening interiors. But as experienced property professionals know, digital manipulation goes far beyond sprucing up a garden. In fact, in the sale market — where much larger sums change hands — we have seen countless examples of photoshopping that border on outright deception. From removing ugly power poles, to conjuring up gardens where only concrete exists, to erasing cracks in walls or magically placing new roofs on dilapidated sheds, the list goes on.
So while the NSW law targets rentals, there’s a powerful case for extending similar principles to all property marketing — including the sale of homes and land. Here’s why.
The “soft” manipulations: pretty lawns, blue skies and light-filled rooms
Let’s start with the relatively minor end of the scale. Real estate marketing has always relied on flattering presentation. Before digital photography, agents would shoot at just the right time of day, adjust the curtains, and maybe trim a hedge to create kerb appeal.
These days, digital enhancements have taken that to a new level. It’s now standard to:
Replace a grey sky with a bright blue one.
Green up a patchy lawn so it looks like a bowling green.
Lighten up interiors to make small rooms feel airy.
Is this unethical? Maybe not always. Buyers and renters generally understand that marketing is about showcasing the property’s potential. Few people are shocked to find the sky isn’t that blue in reality. Most don’t mind if the colours are warmed up slightly.
But it’s a slippery slope. When does it stop being “putting your best foot forward” and become misleading conduct?
The serious end: removing or adding major features
The problem is that many agents, photographers and owners have crossed that line. Examples we’ve personally encountered include:
Power poles and service pits erased:
We have seen photoshopped images where large power poles, junction boxes or even NBN pits right in the middle of driveways are digitally removed. A buyer turns up expecting an unobstructed drive and instead finds a giant pole or hazard.Grass over paved or concrete areas:
In more than one case, marketing images have shown lush grass where, in reality, there is tired old paving or even bare concrete. This is not just misleading; it’s an outright lie about the usable garden space.Swimming pools inserted (or deleted):
Some agents have photoshopped a pool into the backyard to demonstrate “potential,” without clearly labeling it as an artist’s impression. More worrying is the opposite: taking out an old or derelict pool from the marketing photos so buyers are none the wiser.Removing structural defects:
We’ve also seen cracks, water stains and even partial roof collapses digitally cleaned up. In one notorious case, a shed that was literally caving in was shown as pristine.Staging with digital furniture in misleading scale:
It’s become common to add virtual furniture. That’s fine if done honestly. But sometimes these items are resized to make rooms look far larger. A giant room with tiny digital chairs can dramatically distort perceptions.
Why this is a problem: the erosion of trust
The property market works on a huge amount of trust. Buyers and renters make financial commitments worth hundreds of thousands — often millions — based on marketing material. A standard contract of sale even includes statements about the property “as inspected,” because inspections matter so much.
When marketing images are manipulated beyond reality, it undermines this entire foundation.
Buyers waste time and money:
People arrange building inspections, pest inspections, finance applications and legal reviews on properties they believe meet their needs. Discovering that the land is half concrete instead of grass, or that a giant power pole sits where the driveway should be, means thousands wasted.Renters sign up for homes that fail to deliver:
Imagine locking into a 12-month lease only to find the bright, sun-filled living room you loved is actually gloomy and overshadowed by a tall fence or neighbouring building.Undermines fair competition:
Agents who play fair and only show honest photos are at a disadvantage. They’re competing against doctored images that promise far more than reality. This creates a race to the bottom.
It’s not the same as “tidying up the house”
Some might say: well, everyone does some marketing. Vendors mow lawns, clean windows and stage interiors. Isn’t that also misleading?
No — there is a critical difference. When you mow the lawn or repaint a wall, that’s actually improving the property. The buyer or renter sees it that way at inspection. Digital changes, by contrast, exist only on screen. The real property is unchanged. You can’t take a hose to the dead grass in your photos and magically green up the real yard.
How buyers and renters get hurt
Financial risks
If you buy a property based on deceptive photos, you might end up spending far more to bring it up to the standard you expected. For example:
Replacing a driveway obstructed by a power pole could run into tens of thousands.
Adding real turf over concrete could involve jackhammering, soil works and drainage, costing more than simply maintaining a lawn.
Fixing structural defects hidden by retouched images could bankrupt some buyers.
Even renters are affected. They might budget for utilities or furnishings based on a false sense of room size or aspect. Worse still, they may have chosen a property they otherwise wouldn’t have — paying premium rent for features that only exist on a screen.
Legal risks
Misleading marketing can also embroil buyers in costly disputes. If defects were digitally concealed, it could lead to litigation under the Australian Consumer Law for misleading and deceptive conduct.
However, most contracts for sale in Victoria and NSW still state that buyers accept the property “as inspected.” This means the burden remains on the buyer to discover issues — even if the photos were misleading. In practice, many buyers would have little recourse.
That’s why prevention — by banning deceptive photoshopping — is far better than cure.
Why regulators are finally stepping in
The NSW rental reforms
The NSW Government’s new laws reportedly aim to stop landlords and agents from advertising rental properties with misleading images. This is expected to include penalties for:
Removing structural features
Adding features not present (like lawns, pools or fences)
Significantly altering colours or sizes in ways that deceive
It comes amid wider concern about the housing crisis, with renters often paying high prices sight-unseen. Protecting them from misleading advertising is a fair move.
Why sales should be next
Sales involve vastly more money. It’s one thing to be locked into a lease for 12 months under false pretences. It’s quite another to buy a property for $1 million+ only to realise the beautiful garden is all digital fantasy.
We believe state governments across Australia should extend these kinds of bans to sales listings. It would level the playing field, reduce disputes, and protect buyers.
What would a fair approach look like?
We’re not advocating banning all digital enhancement. It’s reasonable to:
Adjust lighting to better represent how a room looks on a sunny day.
Crop images to focus on key features.
Virtually stage empty rooms, provided it is disclosed.
But we should prohibit:
Removing or adding major physical features (power poles, trees, driveways, swimming pools).
Covering over faults (cracks, stains, damage).
Manipulating scale so that rooms appear much larger.
Showing landscaping that doesn’t exist.
The rule of thumb should be: if the enhancement changes the actual physical reality of what is there, it crosses the line.
The irony: it ultimately protects sellers and landlords too
Deceptive photos can backfire. Buyers or tenants who turn up to find a property is nothing like the images may:
Walk away immediately, wasting everyone’s time.
Renegotiate aggressively, feeling misled.
Lodge complaints with consumer affairs bodies, leading to investigations.
Or in extreme cases, sue for misrepresentation.
In short, honest marketing avoids disappointed customers and protects agents and owners from future headaches.
A better way forward: disclosure and integrity
We recommend:
Clear disclaimers for any virtual staging:
If you add digital furniture, label it. If you show a garden “artist impression,” say so. Consumers are reasonable — they just don’t want to be tricked.Photography standards from regulators:
Just as there are rules about misleading price guides and underquoting, governments could create clear guidelines on property images. The REIV and REINSW could play a key role.Penalties for deliberate deception:
Where agents or vendors intentionally mislead through photos, fines should apply. This changes the cost-benefit equation for unscrupulous marketing.
Bringing it back home: why we support a ban on deceptive photoshopping
At Victorian Property Settlements, we deal daily with the fallout of misleading marketing. Buyers discover at building inspections that the lush lawns were actually concrete slabs. Or that the “expansive” living room doesn’t fit a standard couch.
As trusted conveyancers, we’d rather see accurate advertising upfront. It means fewer contract rescissions, fewer disputes, and fewer heartbreaking stories from families who thought they were buying their dream home only to realise they were misled.
Conclusion: The truth sells best
At the end of the day, real estate is about trust. A fair system benefits everyone. Buyers and renters can make informed choices. Honest agents and sellers aren’t forced to compete with doctored fantasies. And the reputation of the industry is protected.
The NSW move to ban deceptive photoshopping in rental listings is a great start. We say: let’s extend it to all property marketing — because whether you’re renting or buying, the stakes are simply too high for anything less than the truth.
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