Compliance guide for real estate professionals
Western Australia is governed by the Real Estate and Business Agents Act 1978 and the 2016 Code of Conduct. REIWA provides industry guidance on ethical marketing.
ACL penalties apply: up to $50 million for corporations. State penalties for breaching Code of Conduct.
The Real Estate Institute of Western Australia has published specific guidance on digital image enhancement. REIWA members should review these guidelines and ensure all marketing practices align. Non-members should still use REIWA standards as a benchmark for best practice.
The 2016 Code of Conduct requires agents to not engage in misleading conduct. The clearest way to demonstrate compliance is to mark each enhanced image with a watermark or caption stating 'Virtually Staged' or 'Digitally Enhanced Photograph'.
Keep records of all original photographs, staged versions, and evidence of where and when disclosures were made. DMIRS (Department of Mines, Industry Regulation and Safety) can investigate complaints, and having documentation readily available demonstrates good faith compliance.
Your disclosure obligations don't end at the listing. If buyers attending inspections comment on furniture they've seen in photos, confirm that images were virtually staged. Consider having a printed notice at open homes.
WA's property market often sees interstate and international buyers who may not attend inspections before making offers. For these buyers, accurate visual representation is especially important—ensure your staged images clearly convey what is and isn't included with the property.
"Images have been virtually staged to illustrate the property's potential. Furniture and décor shown are digitally rendered and are not included with the property. Please refer to the original photographs for an accurate representation of the property's current condition."
"This property features virtual staging to help you visualise its potential. The furniture shown is digitally added and not physically present. Book a viewing to see the actual space. #VirtualStaging #PropertyMarketing"
"This listing includes virtually staged photographs. Digital furniture and décor have been added to help you visualise the space. These items are not present in the physical property. Unstaged photographs are available upon request."
"VIRTUALLY STAGED – Furniture shown is digitally rendered"
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