California AB 723: what it means for listing photos
Since January 1, 2026, California law asks real estate agents to say when a listing photo was digitally altered and to let buyers see the original. Here is what counts, what to do and what usually does not count.
Rules checked on · A plain summary, not legal advice: check your MLS’s own rule text.
What the law is
AB 723 added section 10140.8 to California’s Business and Professions Code. It applies when a real estate agent or broker advertises or markets a property with a digitally altered photo.
What counts as digitally altered
- Virtual staging: adding furniture or décor that is not there.
- Replacing or brightening the sky.
- Removing permanent features, or adding features that are not there.
- Changing the landscape, such as greener grass or added plants.
- Changing the view from the windows.
Guides from Inman and others also list removing clutter, adding water to a pool and fire in the fireplace as changes to disclose.
What you need to do
- Put a clear statement on or next to the photo that it was digitally altered.
- Give buyers a way to see the original photo: a link, a web address or a QR code, with the original clearly marked as the original.
- Keep your original photos, so you can always show them.
What usually does not count
Normal processing that shows the home as it is: brightness and exposure, white balance and color correction, cropping and straightening. Summaries of the law and the CRMLS FAQs treat these as normal edits. When an edit changes what a buyer would see in person, treat it as altered.
If you list on CRMLS
CRMLS, California’s largest MLS, has its own rule on top of the law: a label in the photo description, the original right next to the altered photo and no changes to real parts of the home. Read the CRMLS guide.
Questions and answers
When did AB 723 start?
On January 1, 2026. It applies to listing photos used in ads from that date.
Does AB 723 cover virtual staging?
Yes. Virtual staging is one of the main examples of a digitally altered photo, so it needs the statement and a way to see the original.
Do brightness and color fixes need a label under AB 723?
Summaries of the law and of the CRMLS rules treat normal processing, such as brightness, white balance, cropping and straightening, as not altering the photo. Changes to what the photo shows, such as the sky, the lawn or furniture, do need it.
Where do I put the original photo?
Somewhere buyers can open it: a link, a web address or a QR code that leads to the original photo, clearly marked as the original.
Sources
- CRMLS: California's altered image law (AB 723) FAQs (opens in a new tab)
- Inman: What you should know about California's new listing photo law (opens in a new tab)
- San Diego Association of REALTORS®: Are your listing photos compliant? (opens in a new tab)
- The Close: AI listing photo rules (opens in a new tab)
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