New in 2026: What Real Estate Agents & Photographers Need to Know About Digitally Altered Images (AB 723)
📸 New Year, New Rules: Understanding AB 723 in 2026
Starting January 1, 2026, a new California law—AB 723—will dramatically change how real estate images can be edited, advertised, and published.
If you work in real estate or real estate photography, this law impacts you directly. It introduces strict requirements for what counts as a “digitally altered image,” when disclosures are required, and how original images must be provided.
This blog breaks it all down in clear, simple terms.
🖼️ What Counts as a “Digitally Altered Image”?
AB 723 defines a digitally altered image as any image that has been changed using photo-editing software or AI to:
Add, remove, or change furniture
Add, remove, or change fixtures
Alter appliances, flooring, walls, paint color, landscape, hardscape, façade
Modify views through windows
Change floor plans
Alter elements outside the property such as streetlights, utility poles, neighbors, or scenery
➡️ Yes: Virtual staging, furniture swaps, remodel previews = Altered
➡️ Yes: Generative AI edits = Altered
➡️ Yes: Removing power lines or cracks = Altered
➡️ Yes: Changing outdoor views = Altered
✨ What Is Not Considered Digitally Altered?
The law makes an important clarification:
Edits that do not change the property itself do NOT require disclosure.
This includes standard photography adjustments like:
Lighting corrections
White balance
Sharpening
Contrast/exposure adjustments
Straightening
Angle corrections
Cropping
➡️ These are considered normal photo edits that preserve the integrity of the property.
📢 New 2026 Disclosure Requirement
If a real estate broker, agent, photographer, or marketer uses a digitally altered image in an:
Advertisement
Listing
Flyer
Brochure
Website
Promotional material
They must include two things:
1️⃣ A statement that clearly discloses the image has been digitally altered.
Example:
“This image has been digitally altered.”
**2️⃣ A link to a publicly accessible website, URL, or QR code where viewers can see the original, unaltered images.
This link must be:
Clear
Easy to find
Placed on or next to the image
Accessible to the public
🌐 Special Rule for Websites
If the digitally altered image is posted on a website that the broker or agent controls, they may comply by:
Posting the unaltered image directly on the website, OR
Including a link on the website (URL/QR code) that displays the original image online.
If they choose the second option, the same disclosure statement must still be displayed.
🏠 How This Impacts Realtors, Photographers & Marketing Teams
This law affects almost all real estate image workflows, especially:
Virtual staging companies
Real estate photographers
Realtors using AI enhancement tools
Videographers who capture virtual renderings
Marketing agencies creating ads
If an image is changed in a way that misrepresents physical reality, it must be disclosed and the original image must be made available.
This means:
Virtual staging must always include a disclosure
“Before and after” remodel renderings require a disclosure
Window-view replacements or sky swaps require a disclosure
Object removal (wires, trash cans, stains) may require disclosure depending on MLS guidelines
📑 MLS Compliance Will Also Change
The notice states:
“It is likely that many MLSs will adopt rules to address digitally altered images.”
Different MLSs may interpret AB 723 differently.
📌 Every agent must check with their specific MLS to understand:
What will be allowed
How disclosures must be formatted
If altered images will be flagged
Whether certain edits will be banned entirely
🎯 What Should Realtors & Photographers Do Now?
Here’s how to prepare for the 2026 changes:
📁 1. Maintain Original Image Files
Never delete RAW or original JPEGs—they may be required for compliance.
📝 2. Create Disclosure Templates
So you're not scrambling each time.
🌐 3. Prepare a Public Gallery Page
A simple page titled “Original Listing Images” will make compliance easy.
🖥️ 4. Talk to Your Photographer
Make sure you both understand what qualifies as an “altered” image.
📣 5. Train Your Team
Assistants, TCs, and marketing staff need clarity on what must be disclosed.
🔮 Final Thoughts
AB 723 is one of the biggest changes to real estate advertising in years.
It aims to promote transparency—but it also creates new responsibilities for Realtors, photographers, and marketing teams.
By planning ahead and building a clean workflow now, you’ll be ready for the 2026 roll-out—and stay compliant while still producing high-quality marketing content.
