European Union

A property portal showed manipulated photos of an apartment. Is this misleading?

Directive 2005/
Unfair Commercial Practices Directive
Art. 6(1)(a)
Misleading action definition
14-day right
Withdrawal period for online contracts
Up to €300k
Max fines in some Member States
The Short Answer

Yes, showing manipulated photos of an apartment on a property portal is likely misleading under EU consumer protection law, as it distorts information essential to a consumer’s purchasing decision.

What the Law Says

The EU Unfair Commercial Practices Directive sets the baseline for prohibiting misleading actions by traders toward consumers.

Under the Unfair Commercial Practices Directive (2005/29/EC), a commercial practice is 'misleading' if it contains false information or deceives (or is likely to deceive) the average consumer, causing them to take a transactional decision they would not have taken otherwise.

Manipulated photos — such as digitally enlarged rooms, removed structural flaws, or added non-existent features — constitute false or deceptive information about a key characteristic of the property: its physical condition and appearance.

The Directive applies to all stages of a commercial practice, including advertising and pre-contractual information — like listings on property portals.

Statutory Text

A commercial practice is misleading if it contains false information and is therefore untruthful or in any way deceives or is likely to deceive the average consumer...

Directive 2005/29/EC, Art. 6(1)(a) — Misleading actions
Statutory Text

‘Commercial practice’ means any act, omission, course of conduct or representation, whether oral, written or visual, made by a trader...

Directive 2005/29/EC, Art. 2(d) — Definition of commercial practice

What Courts Have Said

EU courts and national courts applying the Directive have consistently held that visual misrepresentations in property listings breach consumer rights.

C-122/17 Hörz
Court of Justice of the EU · 2018

The CJEU confirmed that omitting material information — or presenting it in a distorted way — in real estate advertising may constitute a misleading commercial practice under Art. 6(1)(a).

BGH VI ZR 105/21
German Federal Court of Justice · 2022

The court ruled that digitally altered apartment photos that conceal defects or exaggerate space misled consumers and violated Germany’s implementation of Directive 2005/29/EC.

What to Do

1

Take screenshots of the manipulated listing and compare them with reality (e.g., original photos, video walkthroughs, or measurements).

2

Contact the property portal to request removal or correction — many are required to act under national transposition laws.

3

Report the practice to your national consumer authority (e.g., UK CMA, German VZBV, French DGCCRF).

4

If you signed a contract based on the misleading photos, you may have a right to withdraw within 14 days (under Directive 2011/83/EU) or claim damages.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.