‘Delete That Photo’ — Seller Requests and Listing Agreement Terms Explained

Standard ‘photo’ clauses in listing agreements

OREA Form 200 typically includes: 1) brokerage may use listing photos for marketing; 2) photo copyright belongs to photographer (usually brokerage-hired); 3) post-termination, brokerage may continue internal portfolio use but not for other clients.

Sellers can add: 1) limit internal use period (e.g., 3 years); 2) prohibit address-tagged social media posts; 3) require MLS and brokerage website removal post-termination.

Negotiate these before signing. After-the-fact changes usually require negotiation.

Seller asks to delete a photo: common reasons and handling

Five common reasons for mid-listing photo removal requests:

1) Privacy exposure (family photos, kid toys, personal documents) — agents remove immediately; shouldn’t have been published anyway

2) Defects visible (kitchen crack, bathroom water stain) — agent may suggest keeping for transparency or reshoot better angle

3) Room you don’t want public (basement private collection) — can delete but substitute another room’s photo

4) Don’t like the style (staging photo unappealing) — agent may push to keep due to sunk cost

5) Neighbor recognition fear — can hide exterior shot, but listings missing exterior have significantly lower click rates

Hiding MLS address: possible, but with tradeoffs

GTA MLS allows ‘address withheld until offer.’ Sellers using this should know:

1) Click rate drops 30-40% (buyer agents and buyers do neighborhood research first)

2) Showing arrangement is more cumbersome (apply + listing agent approval)

3) Realtor.ca shows obscured info (e.g., ‘Major intersection only’)

Use when: 1) public figure or highly privacy-sensitive seller; 2) legal dispute property avoiding search indexing; 3) you accept marketing reduction for privacy.

Canceling open houses: seller’s absolute right

Open house is a marketing tool but not contractually required. Sellers can decline or cancel any time.

Common cancellation reasons: 1) security concerns (past missing items); 2) privacy (many strangers entering); 3) work conflicts (can’t prep).

Agent may push back (open houses generate offers), but final decision is seller’s. Replace with private showing only — all viewings require 24-48 hour notice and buyer agent accompaniment.

Other modifiable listing terms

1. Lockbox use: can refuse; require listing agent present at every showing (slower scheduling, more security)

2. Showing time restrictions: limit to certain windows (e.g., weekends 10am-6pm only), but not <6 hour notice

3. Buyer pre-screening: require pre-approved or proof of funds for all showings

4. Video/3D tour: refuse 3D tours (privacy)

5. Social media exposure: limit agent’s social posts

6. Sign on property: refuse ‘For Sale’ sign (many condo/townhouse complexes already prohibit)

Clauses you should actively add

Append a Schedule A to your listing agreement:

1) Photo approval rights: all photos require seller approval before publishing

2) Marketing material approval: listing description, social posts, video scripts require seller approval

3) Listing termination terms: explicit cancellation conditions, cooling period, remaining marketing cost treatment

4) Confidentiality clause: agent cannot disclose your reservation price, motivation, or financial situation to other clients

5) Showing protocol: lockbox use, minimum notice, who may attend

6) Post-listing photo rights: photo copyright and usage after termination

Q1. Can I change listing agents mid-contract?

Listing agreements have exit terms including termination fee (incurred marketing cost + partial penalty). Cooling period (typically first day after signing) allows unconditional cancellation.

Q2. Who owns the photo copyright?

Photographer holds copyright (Copyright Act). Listing agreements typically grant brokerage usage rights (not ownership). Sellers technically have no copyright but can negotiate usage.

Q3. After termination, can brokerage still use my photos?

Depends on contract. OREA standard form allows continued portfolio use (without address tagging). Add a clause requiring complete removal if you want.

Q4. Can I require my agent not post on social media?

Yes, but in writing. Social media is a major traffic source in current GTA listings — limiting affects showing volume. Compromise: allow posting but no address tagging.

Q5. If items go missing during an open house, what happens?

Listing agreements typically exclude brokerage liability for missing items unless proven taken by the agent or their assistant. Remove all valuables before open houses (jewelry, electronics, cash, prescription drugs) — standard procedure.

Contact Arthur Zhao

GTA Real Estate Broker · Bilingual Service

Arthur Zhao

Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite · VP & Branch Manager, Bay Street Group Inc.