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Back in 2022, SFARMLS paved the way for implementation of a new way of balancing privacy, functionality and market health. This updated article for 2026 integrates all of the available updates from several years of use and clarifies key points. There is also a new video about using Private Photos to get you started! You can jump straight to the video with this link, or read on! 


What's Happening With Photos?


When it comes to photo data, there is an interesting interplay between the obligations MLSs have to retain data, and the privacy concerns expressed by home buyers. On one hand, it's clear that the MLS has a responsibility to maintain the listing data, including the photos, as outlined by California Code 1088 (c), as follows:


On the other hand, the privacy concerns do occasionally have some merit and must be considered. But the demands for the removal of all photos (most of which show staging furniture that does not reveal the true state of the home as lived in) are clearly overreach. 


A recent analysis of the patterns of photo deltion has.... <conclusion>    OBJ:  communicate that we've done the analysis and illustrate that we are compelled to take action. 


a: could emphasize that figured out the pattern and cite stats

        ADV:  direct and impactful.

        DIS:   may be perceived as attacking

b: could be broad and generalized to avoid it seeming like it's targeted

        ADV:  won't feel like it's on the offensive

        DIS:   reduces the impact of the statements around conclusion 


A More Effective Solution is Privacy


Recently a pattern has developed where buyer agents ask for listing photos to be deleted after closing, or urge listing agents to delete them just before closing. MLS staff cannot fulfill these requests because doing so would violate Section 1088(c), and listing agents are not required to comply. Deleting photos harms the MLS community by weakening the historical record while offering only limited and inconsistent removal from public websites. As a result, clients are not guaranteed meaningful privacy, and the MLS loses valuable data needed for future professional use.


A better way forward is to use the privacy features of photos in the MLS system. Private Photos feature gives listing agents the ability to mark all photos (except the primary photo) as Private. A Private (or "MLS Only") photo is not to be displayed on public portals and IDX websites once the listing changes to an Off-Market status (Pending, Sold, Expired, Held, Canceled and Sold Off-MLS). 


The first photo of a listing cannot be marked as Private, but any and all other photos can be marked at any time, even while the listing is in the On-Market statuses. Setting a photo to Private does not affect display inside the MLS system. This strikes a balance between the needs of the Participants and Subscribers (the membership) with those of the new home buyer and resident.



How Do I  Use Private Photos?


Check out this helpful 4 minute video for a complete review of the image editor, including how to mark your photos as Private.

< video link >


 

 

What's Affected? What's Not?


Places where Private Photos will still be visible: 

  • Everywhere while the Listing Status is Active or Active Contingent (Private only affects Off-Market listings).
  • The first photo on your listing cannot be made Private - there must always be at least one publicly viewable photo for every listing in the system.
  • Broker Back Office tools (applications you obtain through your Brokerage or Company).* 
  • MLS Client Portals (through Rapattoni MLS).
  • Virtual Office Website (VOW) product vendors.* 
  • Inside the MLS partner systems of the NORCAL MLS ALLIANCE.

 


Places where Private Photos will NOT be visible on Off-Market listings:


  • Public "IDX" listing page links generated from the MLS system.
  • Public Portals, or Portal-like sites (Realtor.com, Homes.com, Zillow, Redfin).
  • IDX Sites that display off-market information (IDX Broker Inc, Real Estate Webmasters, Constellation Web Services).


What About Deleting?


The practice of deleting photos from listings prior to close will fall under sections of our MLS rules regarding misrepresentation of data in the MLS system. Listing data that was pertinent to the list and sale of the property should not be removed from the MLS system. Each deletion of a photo legitimately used in the marketing and transaction of a listing is a violation. Enforcement of the rule with regard to photo deletion begins on June 1, 2026.


More importantly, listing photos are a valuable historical data resource for you, and the entire real estate practitioner community. Deleting photos from the MLS harms members by interfering with their ability to perform efficient and accurate valuations and does not guarantee listing photos will be removed from public websites. By flagging specific photos that the buyer wants to not be visible on public websites, a listing agent is able to address the buyer’s privacy concerns without damaging the listing for valuation purposes.