Claudeen Coetzer Incorporated

02/09/2026

26/08/2026

Who pays when the AI photo isn’t reality?

The advertisement shows lush green grass 🌱, a crystal-blue swimming pool 💦 and a perfectly landscaped garden 🌳 — but when the purchaser takes occupation, the reality looks completely different.

If those photographs were materially altered by AI without proper disclosure, it may amount to misleading advertising or misrepresentation.

A purchaser cannot automatically demand that the property be transformed to match an AI image, but where the purchaser relied on a misleading advertisement and suffers proven loss, legal consequences may follow for the agent, agency and/or seller, depending on who created, authorised or knowingly approved the representation.

⚖️ AI does not remove legal responsibility.

Advertise the property you are actually selling — not the property AI can create.

Claudeen Coetzer Incorporated
Attorneys • Conveyancers • Notaries

26/08/2026

⚖️ AI-ALTERED PROPERTY PHOTOS: KNOW THE LEGAL RISK

Property marketing is evolving, but the law still requires honesty and transparency.

In South Africa, estate agents and sellers may face legal consequences where AI-generated or materially altered property photographs misrepresent the true condition, features or surroundings of a property.

The Property Practitioners Act 22 of 2019, the PPRA Code of Conduct and the Consumer Protection Act 68 of 2008 prohibit false, misleading or deceptive marketing.

🚫 AI should never be used to:

• Hide cracks, damp, damage or defects
• Make rooms appear materially larger
• Add pools, garages, views or features that do not exist
• Replace outdated kitchens or bathrooms with renovated versions
• Remove material surrounding features or structures

✅ Where virtual staging is used, it should be clearly disclosed as “VIRTUALLY STAGED / AI-ALTERED”, and the original photograph should ideally also be shown.

A small disclaimer may not protect a seller or agent where the overall impression created by the advertisement is misleading.

Our legal reminder:
Property advertising should reflect the property as it truly is.

REAL PROPERTY. REAL PHOTOS. REAL TRANSPARENCY.

Claudeen Coetzer Incorporated
Attorneys • Conveyancers • Notaries