Is virtual staging legal? Disclosure rules for agents
Yes. Virtual staging is legal and widely used, as long as the photos don't misrepresent the property and buyers can tell they've been staged. The details depend on your state and your MLS.
The rule of thumb: stage the furniture, not the house
Adding furniture, rugs, lamps, art and plants is generally fine, because buyers understand that furniture doesn't come with the home. Changing the property itself is where agents get into trouble:
| Generally acceptable | Generally not acceptable |
|---|---|
| Furniture and decor | New paint colors or flooring |
| Area rugs, lamps, wall art, plants | Renovated kitchens or baths that don't exist |
| Bedding, pillows, accessories | Removing power lines, cracks, stains or damage |
| Clearly labeled “Virtually Staged” | Adding a lawn, pool, view or fixtures that aren't there |
A simple test: if a buyer walks in and feels misled, the photo went too far.
California: AB 723
California's Assembly Bill 723 took effect on January 1, 2025. In short, it says that when a real estate licensee advertises a property using a digitally altered image, the ad has to include a statement disclosing that the image was altered, along with access to the original, unaltered image (for example, through a link or QR code). Virtual staging counts as an alteration.
Everywhere else: your MLS sets the rules
Outside California, most of the rules come from your local MLS. They differ, but common requirements include:
- A visible “Virtually Staged” label on each altered photo
- A note in the remarks or photo captions saying photos are virtually staged
- Including the unstaged version of each staged photo
- No alterations to the property itself
Check your MLS's photo and media rules before your first staged listing. It takes a few minutes, and photos that break the rules can be removed.
The NAR Code of Ethics
For REALTORS®, Article 12 of the NAR Code of Ethics requires a true picture in advertising and marketing. Honest, disclosed virtual staging fits within that. Misleading alterations don't.
Best practices for staged listing photos
- Label every staged photo. Put “Virtually Staged” on the image itself, not just in the remarks.
- Post the original too. Put the empty-room photo right after the staged one so buyers see both.
- Only add movable items. No changes to walls, floors, fixtures, views or condition.
- Keep it realistic. Furniture should fit the room's real size. Don't make a small room look large.
- Tell buyers at showings. A quick “the photos were virtually staged” avoids surprises.
How Staged by Noon handles this
Our staging only adds furniture and decor. It's instructed never to change walls, paint, flooring, windows, fixtures, appliances or the view outside. Every download can include a “Virtually Staged” label, and you keep your original photo to post alongside it.
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