2026 compliance guide for real estate professionals • Reviewed September 10, 2026
TREC Rule §535.155 prohibits misleading advertising, including material inaccuracies. Texas Occupations Code §1101.652 also provides grounds for discipline for misrepresentation. These general standards do not establish a universal staging watermark. Local MLS rules add their own requirements: the published HAR/HRIS rules limit virtual staging to furnishings and wall décor that are personal property and require disclosure in the Photo Description.
TREC may impose license discipline and administrative penalties. Its published §535.191 schedule lists $100–$1,500 per violation per day for §535.155 advertising violations; other violations have different ranges. This is not an automatic fine for using virtual staging. MLS sanctions are separate.
The published §1.25.1 requires the photo description to identify virtually staged images and limits staging to non-conveyed furnishings and wall décor. Confirm the latest HAR rules before upload; this is a local MLS requirement.
As a publishing practice, keep permanent features, condition, and dimensions accurate and inspect AI output for unintended changes. TREC's misleading-advertising rule applies regardless of the tool used.
For construction or renovation concepts, identify what is proposed and what the advertised price includes. Confirm that the MLS permits those images; do not present a proposed upgrade as a current feature.
Describe the edits accurately and replace every bracketed placeholder. Check the required wording, image placement, MLS fields, and original-photo access described above. Use custom image labels only where permitted. A template does not authorise an otherwise prohibited or misleading alteration.
“The identified images have been digitally altered with virtual furniture and decor. These items are not physically present. View the corresponding original, unaltered photographs at: [PUBLIC ORIGINAL-IMAGE LINK].”
“Digitally altered / virtually staged image. The furniture and decor shown were digitally added and are not physically present. View the original, unaltered image: [PUBLIC ORIGINAL-IMAGE LINK].”
“This photograph has been digitally altered with virtual furniture and decor. These items are not physically present. Compare the clearly identified original, unaltered image shown alongside it or at: [PUBLIC ORIGINAL-IMAGE LINK].”
“DIGITALLY ALTERED / VIRTUALLY STAGED – Original image: [PUBLIC URL OR QR CODE]”
Guide reviewed September 10, 2026. Links below include legislation, regulator guidance, and board or MLS materials. Their scope differs: a board rule is not statewide law, and a regulator homepage is not proof that no other rules exist. This guide does not verify every local MLS policy. Confirm the current requirements before publishing.
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