With the rise of A.I. in the real estate photography world there are some very serious risks that agents should consider when ordering media for a MLS listing.
First and foremost, whether you are a Realtor or not, you are bound by New York State’s DOS Licensing Division as a licensed New York Sales Agent or Broker to avoid “misleading or exaggerated representation of properties“
In other words, real estate is bound by the same truth in advertising standards that other products are.
Misrepresentation, which would include A.I. doctored photos, is a serious legal liability for the agent or broker misrepresenting! To avoid serious litigation, you MUST disclose that the photos are A.I. or otherwise altered. Believe it or not, this also apply to sky swaps, or replacing the skies in photos.
As of March 2026 GlobalMLS and GCAR have made the following updates:
“A digitally Altered watermark has been added for photos. Agents will need to click the “star” icon to the right of the photo as shown below.
To prevent consumer deception and ensure transparency disclosure of Digitally Enhanced photos is required and the original unaltered image must also be provided in the listings. The laid out for member in the rules as well as some clarifications of what is allowed.
Both of these rules are reflected in the newest update of the Global MLS Rules and Regulations, posted today 3-12-26, and available for all members to review on the MLS Intranet of Global MLS.”
Does this mean you can’t use A.I. for real estate photography?
No. It just means that, as always, disclosure is king!
When in doubt, disclose. That way you will never be on the receiving end of a misrepresentation suit.
At New York Real Estate Photography we do not use an A.I. editor and we won’t replace skies or add grass unless you request it.
If you do request digital or A.I. alterations, we will give you two images, the original, and the altered image with a watermark stating that the image has been digitally altered so you can remain compliant today and into the future.
If you have any questions about this new world problem feel free to reach out for more info.