Important New Advertising Rules for Virginia REALTORS®: What You Need to Know

New Virginia Real Estate Board advertising regulations took effect on April 1, 2026, and they affect far more than traditional print advertisements. They apply to websites, email marketing, social media posts, blogs, videos, text messages, listing photographs, and other forms of real estate promotion.

Following a recent presentation by an attorney for Virginia REALTORS®, we want to share several important reminders for REALTORS®, social media professionals, photographers, editors, and anyone involved in creating or publishing real estate marketing.

These changes make it more important than ever to review every advertisement carefully, keep listing information current, and follow your brokerage’s written advertising policies.

Advertising Must Clearly Identify the Licensed Firm

Under Virginia Real Estate Board Regulation 18VAC135-20-190, real estate advertising must be conducted under the supervision of the principal or supervising broker and in the name of the licensed firm.

The firm’s licensed name must be displayed clearly and legibly. If the company logo contains the complete licensed firm name and the name is readable, the logo may satisfy the firm-name portion of the disclosure.

However, a logo that is too small, difficult to read, abbreviated incorrectly, or missing the licensed firm name may not be sufficient.

These requirements apply to both print and electronic advertising.

Electronic advertising includes:

  • Social media posts and advertisements

  • Reels and videos

  • Websites and blogs

  • Email marketing

  • Text-message campaigns

  • Television and radio advertising

  • Digital flyers and brochures

  • Other online marketing

Every Advertisement Needs Brokerage-Approved Contact Information

Every advertisement by a real estate firm or affiliated licensee must contain a clear, legible, and conspicuous advertising disclosure.

At a minimum, the current regulation requires:

  • The licensed firm’s name

  • The office contact information specified by the principal or supervising broker

The brokerage’s written advertising policy should identify the exact office contact information agents must use. Depending on the firm’s policy, this could include an office telephone number, website address, email address, or additional information required by the brokerage.

Individual agents should not create their own disclosure format without first confirming it with their broker.

The safest approach is to obtain the brokerage’s exact, approved disclosure block in writing and use it consistently across all advertising.

The “One-Click Rule” Is No Longer Sufficient

Previously, certain electronic advertising disclosures could sometimes be placed one click away from the main advertisement.

That is no longer the standard.

The required disclosure must now be contained in the advertisement itself. REALTORS® should not rely on a social media profile, website link, landing page, link in a bio, or QR code to provide required advertising information.

For a social media post, reel, video, or photograph, the required information should be placed directly in the visual content or caption in a way that is clear, legible, and conspicuous.

A QR code may still be helpful for directing consumers to a property website or additional information, but it should not be used as a substitute for the required advertising disclosure.

Social Media Posts Must Remain Current

One of the most significant changes involves keeping online advertising accurate.

Property information used in advertising must remain consistent with:

  • The property’s current condition

  • The current listing price

  • The property description

  • The current listing or contract status

When a material change occurs, the advertising must be updated in a timely manner.

For example, if a property changes from active to pending, under contract, sold, or withdrawn, posts that present the property as currently available may need to be updated or removed. The same applies when a listing has a price change or when material information in the property description changes.

If the platform allows an existing post to be edited, the information can be updated. If the post cannot be edited properly, removing it may be the safest option.

When a third-party platform or marketing provider controls the advertisement, the licensee should make a timely written request for the information to be corrected and retain a record of that request.

REALTORS® Should Review Earlier Posts

During the Virginia REALTORS® attorney presentation, the question was asked how far back REALTORS® should go when reviewing existing social media content.

The attorney recommended reviewing listing-related posts dating back to April 1, 2026, when the revised regulation became effective.

This review should include every account used to promote real estate, including:

  • Business Facebook and Instagram accounts

  • Personal accounts where listings are shared

  • LinkedIn

  • YouTube

  • TikTok

  • Blogs

  • Agent websites

  • Previously published reels and videos

  • Other online platforms

REALTORS® should look for outdated prices, inaccurate descriptions, old availability statements, status changes, missing brokerage information, and any other material information that is no longer correct.

New Concerns for Real Estate Photography

The attorney’s presentation also addressed digitally altered real estate photography.

Listing photographs are part of the property’s advertising. Any edit that changes the actual content, condition, or appearance of the property can create a risk of misrepresentation.

Based on the guidance shared during the presentation, digitally altered images should carry a clear, visible label identifying the type of alteration.

Examples include:

Object Removal

Removing an item from a photograph—even something as small as a coffee cup on a kitchen counter—changes what was present when the photograph was taken.

The presentation guidance indicated that an image with an object removed should be labeled “Digitally Edited” or “Digitally Enhanced.”

Digital Decluttering

When belongings, furniture, toys, boxes, countertop items, or other visual clutter are digitally removed, the photograph should be labeled:

“Digitally Decluttered”

Digital decluttering should never be used to conceal damage, defects, permanent property elements, or material conditions.

Virtual Staging

Rooms with digitally added furniture, artwork, décor, or other staging elements should continue to be labeled:

“Virtually Staged”

The disclosure should remain visible when the image is uploaded to the MLS, used in a flyer, cropped for social media, or incorporated into a video.

Grass and Landscaping

Changing brown grass to green grass or digitally improving landscaping changes the depicted condition of the property.

Based on the presentation guidance, these photographs should be identified as digitally edited or digitally enhanced.

Lake Water

The color of lake water should not be digitally changed. Recoloring water can misrepresent the property, its setting, or the actual water conditions.

Shows Great will not digitally recolor lake water.

Sky Replacements and Digital Twilights

Replacing a sky or creating a digital-twilight image requires particular care.

A digital twilight that adds a dramatic sunset behind a home may suggest that the property has a sunset view that does not actually exist. This can create an advertising or misrepresentation concern.

Shows Great will not create a sunset or scenic condition that misrepresents the property’s actual view, orientation, or setting.

If a brokerage permits other sky-replacement or digital-twilight treatments, the photograph should carry the brokerage-approved “Digitally Enhanced” disclosure.

Fair Housing Also Applies to Advertising Language

Real estate advertising cannot express a preference, limitation, or discrimination based on a protected class.

Federal Fair Housing protected classes include:

  • Race

  • Color

  • National origin

  • Religion

  • Sex

  • Familial status

  • Disability

Virginia and local fair housing protections may be broader.

Advertising should focus on the property and its objective features rather than describing the “ideal” buyer, family, tenant, lifestyle, religion, nationality, neighborhood population, or physical ability of the person who should live there.

Be Careful With “Walking Distance”

During the presentation, attendees were advised to avoid phrases such as “walking distance,” because the wording may imply a particular level of physical ability.

A more objective approach is to use measurable distance or neutral proximity language, such as:

  • “Approximately 0.4 miles from the community trail”

  • “Located near downtown”

  • “Two blocks from shopping and dining”

  • “Convenient to area parks and recreation”

Objective descriptions provide useful information without making assumptions about a consumer’s physical ability.

Use Care When Connecting Housing Advertising to Holidays

The presentation also raised concerns about holiday-related content when it is part of a real estate advertisement.

A general holiday greeting is not identified in the cited Virginia regulation or HUD’s Fair Housing overview as automatically violating Fair Housing laws. However, advertising language, imagery, or targeting that indicates a preference based on religion, national origin, or another protected class can create risk.

REALTORS® should distinguish between general community or relationship-building content and advertising that promotes a particular housing opportunity.

When a holiday message is connected to a listing, open house, community, or housing opportunity, have the content reviewed under the brokerage’s Fair Housing and advertising policies.

Who Will Enforce These Requirements?

During the presentation, someone asked who would be policing social media and other advertising.

The attorney explained that complaints are likely to come from other real estate professionals or members of the public who see advertising they believe is inaccurate, misleading, discriminatory, or missing required disclosures.

That makes consistency especially important. Every person involved in creating real estate advertising should understand the brokerage’s requirements and follow an established approval process.

Recommended Next Steps for Virginia REALTORS®

REALTORS® should take the following steps now:

  1. Obtain the brokerage’s written advertising policy.

  2. Ask the principal or supervising broker for the exact disclosure that must appear on advertisements.

  3. Review listing-related posts dating back to April 1, 2026.

  4. Review both business and personal accounts used to promote real estate.

  5. Update or remove advertisements with outdated prices, status, descriptions, or property information.

  6. Do not rely on a website link, profile page, or QR code for required disclosure.

  7. Confirm that digitally altered photographs carry the appropriate visible label.

  8. Never remove or cover an image disclosure when cropping or designing marketing materials.

  9. Avoid advertising language that could create a Fair Housing concern.

  10. When uncertain, pause publication and ask the principal or supervising broker for written guidance.

Our Commitment at Shows Great Media Group

Shows Great Media Group is reviewing our photography, editing, social media, and delivery procedures in response to this guidance.

We are developing updated policies for:

  • Digitally altered photographs

  • Digital decluttering

  • Virtual staging

  • Sky replacements and digital twilights

  • Social media disclosures

  • Listing-status monitoring

  • Client approval and documentation

  • Fair Housing advertising reviews

Our goal is to help our REALTOR® clients market properties beautifully while presenting every home accurately, transparently, and in accordance with their brokerage’s policies.

Because each brokerage may establish additional requirements, REALTORS® should always obtain final approval from their principal or supervising broker.

This article provides general educational information and summarizes current public sources and guidance shared during a Virginia REALTORS® attorney presentation. It is not legal advice. REALTORS® should consult their principal or supervising broker and qualified legal counsel regarding their specific advertising practices.

Next
Next

People Connect with People: The Story Behind Tours Guided by Mel