📸 Can Buyers or Realtors® Take Photos During a Home Showing? Rules You Need to Know | Rick Crouch
by Rick Crouch | Legal Issues, Real Estate Buying, Real Estate General, Real Estate Selling
In today’s digital world, smartphones make it easy to photograph and record almost anything. As a Real Estate Broker, I am frequently asked by Sellers and Buyers about privacy, property security, and what activities are permitted during the showing of homes listed for sale. Understanding established rules can help Sellers protect their interests while ensuring Buyers and their Realtors® Representatives have an opportunity to properly evaluate a property, while also respecting what is not theirs.
This past week, one of our local Southern Georgian Bay area real estate Brokerages hosted their annual spring MLS® tour of homes. This tour generally focuses on high-end properties, including waterfront locations, and this year was no exception. There was a large turnout of real estate agents, and while touring the homes, I noticed several were taking photos or shooting videos with their smartphones. On the surface this may seem like a moot point. If you asked the question, “what’s wrong with that,” the answer may surprise you.
Access to a Home Comes With Limits
When it comes to real estate, many homeowners are surprised but also relieved to learn that neither Buyers nor Realtors® automatically have the right to take photographs or videos while touring a home that is listed for sale on the MLS® System or exclusively by the Listing Brokerage and their Realtor®.
When a Seller lists a property for sale, potential Buyers and their Realtors® are granted access for a specific purpose – to view the property and determine whether it may be suitable for their purchase. That access does not automatically grant permission to others to take photographs, record videos, create virtual tours, or otherwise document the property.
As stated in the Listing Agreement, the “Listing Brokerage” has the sole and exclusive rights to market and distribute information about the property, including photographs as well as audio and video recordings.
Realtors® Are Not Exempt
One common misconception is that Realtors® may photograph a property during a showing simply because they are licensed professionals. In reality, a Realtor® representing a Buyer has no greater right to photograph or video a Seller’s property than their client does unless permission has been granted in writing by the Seller. This is particularly important when the property being shown is not the Realtor’s® own listing.
For example, a Buyer’s agent touring a property listed by another brokerage should not be taking photographs, recording videos, or collecting visual content for future use no matter what the reason, without the Seller’s authorization in writing.
The Seller has granted access for viewing purposes, not for the unrestricted creation of photographs or digital records of their home and personal belongings.
Why Sellers May Have Concerns
A home contains far more than walls, windows, and flooring. Photographs and videos will, sometimes unintentionally, capture:
- Family photographs
- Children’s rooms
- Personal possessions
- Valuable collections such as expensive artwork
- Security systems
- Home office equipment
- Financial documents
- Personal information
Once photographs are taken, Sellers lose control over how those images may be stored, shared, distributed, or used.
Protecting homeowner privacy is one of the reasons Ontario’s real estate regulations place restrictions on unauthorized photography during showings. Realtors® should ensure that neither they nor their clients engage in those activities. Professional conduct requires respecting both the Seller’s property and the conditions under which access has been granted.
The Responsibility of Buyer Representatives
Under Ontario’s Trust in Real Estate Services Act (TRESA), Realtors® are expected to respect and protect the property they access.
Buyer Representatives have a responsibility to supervise their clients during showings and ensure that Seller instructions are followed. Television shows about real estate often feature a Realtor® sending Buyers into a house unattended. That may be okay and seem harmless on television but it’s not reality. Those same programs typically have artwork on the walls blurred out so they can’t be identified.
What About Social Media and Marketing?
Another important consideration is that Realtors® should never assume that photographs taken during a showing can later be used for marketing, social media content, educational presentations, or promotional materials.
Unless a Seller has specifically granted permission, photographs taken during a showing should not be captured or used for any purpose beyond what has been authorized. A Seller’s home is private property, not a source of marketing content for visiting agents showing the property to a Buyer client(s).
Can Permission Be Granted?
Absolutely. Some Sellers may be willing to allow photographs when a legitimate reason exists.
Examples include:
- Sharing information with a spouse who could not attend the showing
- Reviewing renovation opportunities and or needs
- Obtaining contractor estimates
- Documenting specific features for future reference
The Real Estate Council of Ontario (RECO) administers the provincial legislation that Realtor’s are licensed under in Ontario via the Trust in Real Estate Services Act, (TRESA). RECO has provided guidance via a Bulletin click, “Protection of Property” wherein it states the following: “Taking photographs of the property or making video recordings is not permitted unless expressly authorized by the Seller.” The key is obtaining permission first through the Listing Brokerage who in turn need to confirm with the Seller. As with virtually everything we as real estate professionals do, consent and direction must be in writing.
This applies not only to Buyers but also to Realtors® who are accompanying them.
What Sellers Should Consider
If you are selling your home, consider discussing the following points with your Realtor® for clarity or should you have any concerns:
- Whether photography will be permitted during showings
- Whether video recordings will be allowed
- Any restrictions regarding social media or online sharing
- Specific instructions to be included in showing remarks
Some Sellers may choose to include instructions such as:
“No photography, video recording, or virtual tours without the Seller’s prior consent.” Clear instructions help protect privacy while avoiding misunderstandings.
Many of us as the Listing Agent post a sign at the front door of homes we have listed for sale stating, “Please Remove Shoes.” On my signs I have added the image shown here regading photos.
The Bottom Line
When Buyers and Realtors® enter a home during a showing, they are guests on private property. Neither Buyers nor Realtors® should assume they have the right to take photographs or videos simply because the property is listed for sale. Unless the Seller has expressly authorized photography, the purpose of the visit is to view the home – not create a photographic or video record of it.
Respecting Seller privacy, protecting personal information, and following professional standards benefits everyone involved in the transaction.
The Flip Side
Here’s something else to consider. Many homes today have cameras both inside and out some with audio capability. The Seller may very well be watching Buyer showings or agemt tours remotely and without the Seller’s written consent allowing for photos and videos to be taken, both the Listing and Buyer Representatives could be liable for action by RECO should a consumer complaint be filed.
Thinking About Selling Your Home?
If you’re considering selling your home in Collingwood, Clearview, Wasaga Beach, The Blue Mountains, Meaford, Grey Highlands, or elsewhere in Southern Georgian Bay, I would be pleased to discuss how to protect your interests while maximizing your property’s exposure to qualified Buyers and or Realtors® in general.
As a Broker, Market Value Appraiser – Residential (MVA) and Accredited Buyer Representatioive (ABR), I believe successful real estate transactions begin with knowledge, informed decisions, professional representation, and a commitment to protecting my clients every step of the way.
Email 📧 [email protected] Direct 📞 705-443-1037
NOTE: The author is a Broker, Market Value Appraiser-Residential with Sotheby’s International Realty Canada and a Past President (2008) of the One Point Association of REALTORS®.
This post is not intended to solicit homes or other properties already listed for sale.
