Compliance guide for real estate professionals
Real estate in New Brunswick operates under a co-regulatory model. The Financial and Consumer Services Commission (FCNB) administers the Real Estate Agents Act and licenses agents, managers, and salespersons. The New Brunswick Real Estate Association (NBREA) administers the New Brunswick Real Estate Association Act and is responsible for member education and discipline regarding the Code of Ethics and Standards of Business Practice. Section 43.11 of the Real Estate Agents Act prohibits false, misleading, or deceptive statements in any advertisement. Although neither FCNB nor NBREA has published specific virtual staging guidance, rules related to false or misleading advertising would apply to virtual staging.
Under the Real Estate Agents Act, penalties for false or misleading advertising include criminal offences under Section 43.6 with individuals facing up to $50,000 fine or up to 1 year imprisonment or both and non-individuals facing up to $250,000 fine, administrative penalties by Tribunal under Section 43.71 with individuals facing up to $25,000 and non-individuals facing up to $100,000, and orders by Tribunal under Section 43.7 including license suspension, restriction, cancellation, or conditions, orders to cease conducting regulated activities, reprimand, and disgorgement of amounts.
Add written disclosure to your MLS listing description stating that virtual staging has been used. Place this disclosure prominently so buyers see it immediately when reviewing the listing.
Add visible 'Virtually Staged' watermarks to each digitally enhanced photograph. This ensures disclosure travels with the image across all platforms where it may be shared.
Include original, unaltered photographs in your listing gallery alongside virtually staged images. This allows buyers to see both the current condition and potential of the property.
Do not digitally remove property defects, alter structural features, or misrepresent property condition. Virtual staging should only add furniture and décor that buyers understand is not included with the property.
"Images have been virtually staged to illustrate the property's potential. Furniture and decor 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 home features virtual staging to help you visualize its potential. The furniture shown is digitally added and not physically present. Schedule a showing to see the actual space. #VirtualStaging #RealEstate"
"This listing includes virtually staged photographs. Digital furniture and decor have been added to help you visualize the space. These items are not present in the physical property. Original photographs are available upon request."
"VIRTUALLY STAGED – Furniture shown is digitally rendered"
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