California AB 723 - Using digitally altered images in real estate sales

Big change coming January 1, 2026 – AB 723 (Business & Professions Code §10140.8)

If you’re a real estate agent, broker, or homeowner selling in California, you’ll soon see a new rule that affects almost every listing: digitally altered or virtually staged photos now require a clear disclosure and a link (or QR code) to the original, untouched image. Here’s the law in plain English — no legalese overload.

What Counts as a “Digitally Altered” Image?

The law is very specific. An image is considered altered (and triggers the disclosure rule) if you add, remove, or change anything that affects how the property is represented. Common examples include:

• Virtual staging (adding furniture, art, rugs, etc.)

• Removing or adding landscaping, trees, or hardscape

• Changing paint colors, flooring, countertops, or fixtures

• Removing power lines, neighboring houses, or street elements

• AI sky replacements or view enhancements

• Swapping appliances or editing floor plans

What Does NOT Require Disclosure?

Normal photography edits are still 100% fine with no disclosure needed:

• Brightness, contrast, exposure, white balance

• Sharpening, lens correction, straightening

• Cropping or basic color correction

• HDR merging, flash/ambient blending

• Removing minor sensor dust or small distractions that don’t change the property’s representation

In short: if the edit makes the house look materially different than it actually is, it needs disclosure.

What Exactly Must Appear in Your Marketing?

Whenever an altered image is used (MLS, flyers, Zillow, social media, your website, etc.), you must include both of these, clearly and conspicuously:

1. A statement right on or next to the photo saying the image has been altered

2. A clickable link, URL, or QR code that takes the viewer directly to the original, unaltered photo(s)

If the altered photos are posted on a website you control (your brokerage site, personal agent page, etc.), you can either post the originals there or link to a public page that has them.

How I’m Making This Easy for My Clients

As your real estate photographer, I’ve got your back. Starting now:

• Every delivery will always include both the final edited images AND the original untouched files (no change there!)

• I will no longer be ‘adding’ flames to fireplaces by default. I have always strove to confirm that fire features work prior to adding fire, but now these edits will be by request. Same story with sky replacements. If you would like both versions - just ask and I will make it happen!

• I’ll clearly flag any images that fall under the new law (virtual staging, object removal, heavy edits, etc.)

• Need a ready-to-go disclosure graphic or QR code that links to the originals? Just say the word — I’ll create it for you at no extra charge

Bottom Line

This law is all about transparency for buyers, and it’s actually a good thing — it protects you from complaints and keeps California listings trustworthy. We’re already set up to stay fully compliant, so you can keep using beautiful, high-impact photos without worry.

Questions? Drop me an email or call me anytime. Let’s keep selling houses faster (and legally),

Matt Sansone
Professional Real Estate Photographer
805.704.4040 | Matt@SLO.photos | www.SLO.photos

P.S. Bookmark this post — feel free to share it with your team or fellow agents. The more we all understand the rule, the smoother 2026 will be!

P.P.S - Here is a link to the bill if you need help sleeping.