The Problem Everyone's Talking About: Photo Removal

 

Agents often ask, "Can I remove the photos after the sale?" 


It's a common request, buyers want privacy after closing and they want their photos gone from the public domain. But here's what many agents don't realize: deleting listing photos isn't just discouraged, it conflicts with California Civil Code and MLS rules. And, starting on June 1, 2026, it may also result in fines to the agent. 


Each deletion of a photo is a violation of SFARMLS Rules 8.4 (Accuracy of Information; Responsibility for Accuracy). The fine penalty for that is Fine Level B, which is $250. For a listing with 33 photos deletions that equals: $8250.



California Code 1088(c)



So What Should I do instead? 


The Smarter Solution: Private Photos

Instead of deleting photos, SFARMLS gives you a better option.


Private Photos 

This feature allows you to: 

  • Keep photos inside the MLS for professional use
  • Automatically remove them from public websites once the listing is off-market
  • Respect your client's privacy- without compromising the record 


This is the intended balance: compliance + privacy +professionalism.


How It Works: 

  • You can mark any photo (except the first) as Private
  • Once the listing is off-market (Pending, Sold, Expired, etc.) the Private Photos are no longer displayed on public websites
  • Inside the MLS, everything remains visible for: 
    • Comp analysis
    • Appraisals
    • Agent reference
          

Important: 

  • The first photo must always remain public 
  • Private settings can be applied at anytime



Where Photos Will (and Won't) Show


Still Visible (even if Private): 

  • MLS System
  • Brokerage Tools
  • Client portals (MLS-based)
  • While listing is Active 


Hidden from public sites (once off-market): 

  • Public websites
  • IDX websites
  • Public listing pages 


What You Should Do 


✔  Use Private Photos instead of deleting 

✔  Set expectations with your clients early

✔  Stay compliant with MLS Rules and California Law

✔  Protect both your clients and your data



Watch: How to Use Private Photos (4-minute video)





       NEW CHANGE     


MLS Default Setting: Automatic Private Photos

  • To support compliance, the MLS now automatically updates your photos at closing
  • When a listing moves to Closed, all photos (except the first) are set to Private. 
  • You have 2 days to reverse this if you prefer to keep all photos public.