Do I have to disclose edited listing photos in other US states?
Our reading as of , from the sources below. Not legal advice.
Short answer
Outside California and Wisconsin, we found no state law aimed at listing photos. Deceptive practices are still unlawful under the FTC Act, REALTORS® can't use misleading images under NAR's Code, and most MLSs set their own label rules. Pennsylvania's AI advertising law adds a disclosure from December 21, 2026.
- Exposure, color, straightening and cropping don't change what the property looks like, and no law here asks you to label them.
- Label staging and anything that adds or removes what's there. The FTC Act bars deceptive practices, NAR's Code bars misleading images, and your MLS sets the wording.
- Pennsylvania's AI advertising law applies from December 21, 2026. Bills are pending in New York, New Jersey and DC.
What Retouch Homes does in Other US states
- On by default, no label
- Straightening, leveling and cropping. Exposure and color come next.
- Planned
- A new sky. When it ships it stays off until you turn it on, and then we label the photo.
- We don't do
- Removing fixed features or what's around the property.
Edit by edit
Exposure and color in Other US states
No labelNo law here names it, and a camera fix doesn't change what the property looks like. Check your MLS: Canopy wants AI-made fixes labeled.
Straightening and lens in Other US states
No labelNo law here names it, and it doesn't change what the property looks like.
Cropping in Other US states
No labelNo law here names it. Don't crop to hide a defect: that's a misleading image.
New sky in Other US states
Unclear: label itNo law here names the sky. A new sky can mislead about the view or the setting, so label it.
- Label text
- Digitally altered photo.
Grass and landscape in Other US states
LabelA greener lawn or new plantings can mislead buyers about the property, which the FTC Act and NAR's Code bar. Label it, and check your MLS.
- Label text
- Digitally altered photo.
Removing clutter in Other US states
Unclear: label itRemoving loose belongings rarely misleads, but hiding damage would. Label it to be safe; ARMLS asks for it.
- Label text
- Digitally altered photo.
Removing fixed features or surroundings in Other US states
LabelRemoving fixtures, power lines or views can mislead about the property. Label it at least; Stellar, Canopy and Bright ban removing power lines outright.
- Label text
- Digitally altered photo.
Virtual staging in Other US states
LabelNo law here requires a label yet, but a staged photo shown as the real room can mislead. Every MLS we've read requires a disclosure.
- Label text
- Virtually staged.
Day to dusk in Other US states
Unclear: label itNo law here names it. A dusk sky and lit windows change how the photo reads, so label it.
- Label text
- Digitally altered photo.
AI-generated image in Other US states
Unclear: label itNo law here names it. Showing a rendering as a photo of the property misleads, so label it as a rendering. In Pennsylvania, from December 21, 2026, misleading AI content needs the AI statement.
- Label text
- Digital rendering, not a photo.
Label text to copy
Digitally altered photo.
No law here sets wording. Your MLS usually does: ARMLS wants "Digitally Altered" on the image, Stellar "Virtually staged" in the photo description, and Bright a line in the remarks.
Coming into force
· Pennsylvania's AI advertising law
Act 99 of 2026 takes effect 60 days after it was signed on October 22. Any ad that uses content significantly modified or generated by AI in a way that creates a false consumer perception must say it "contains content that was modified or generated using artificial intelligence." It isn't specific to real estate. Source 3
The rule, word for word
“…otherwise misleading consumers, including use of misleading images.…”
Questions agents ask
Which US states have a law on edited listing photos?
California, since January 1, 2026, and Wisconsin, from January 1, 2027. A second California law, signed in September 2026, extends the disclosure to rentals. Pennsylvania's AI advertising law, from December 21, 2026, covers any ad with misleading AI content. Bills are pending in New York, New Jersey and DC.
Is virtual staging legal in the US?
Yes. No state bans it. Outside California and Wisconsin no law sets a label yet, but a staged photo shown as the real room can mislead, and every MLS we've read requires a disclosure.
Does the FTC regulate edited real estate photos?
Not specifically. Section 5 of the FTC Act makes unfair or deceptive acts or practices in commerce unlawful. It doesn't mention photos; an edited photo is a problem when it deceives.
What does NAR's Code of Ethics say about listing photos?
Standard of Practice 12-10 says REALTORS®' duty to present a true picture covers images, and bars misleading consumers, including with misleading images. It binds NAR members, not every licensee, and sets no label wording.
Are New York, New Jersey and DC passing listing photo laws?
Bills are pending; none had passed by November 9, 2026. New York S9584 is in the Senate Judiciary Committee. New York A11635, which would require a statement on or next to each altered image and the unaltered version online, is in the Assembly Housing Committee. New Jersey A4728 reached second reading in the Assembly on October 22, 2026. DC's B26-0858 is under Council review.
Does Pennsylvania's AI advertising law cover listing photos?
It doesn't mention real estate. It covers any ad that uses content significantly modified or generated by AI in a way that creates a false consumer perception, from December 21, 2026. The ad must say it contains content modified or generated using AI. A court can fine up to $3,000.
Sources
- 15 U.S.C. §45, Federal Trade Commission Act §5 (2024 edition) · primary source · checked November 9, 2026
- National Association of REALTORS®, 2026 Code of Ethics and Standards of Practice, Article 12 and Standard of Practice 12-10 · January 1, 2026 · primary source · checked November 9, 2026
- Pennsylvania SB 806, Act 99 of 2026: Artificial Intelligence Deceptive Advertising Act, final text (PN 1808) · October 22, 2026 · primary source · checked November 9, 2026
- New York S9584 (2025–2026), digital representations in real estate listings: text and status · March 26, 2026 · primary source · checked November 9, 2026
- New York A11635 (2025–2026), disclosure of digitally altered images in real property ads: text and status · July 29, 2026 · primary source · checked November 9, 2026
- New Jersey A4728 (2026–2027), deceptive use of AI in photo advertising of dwellings: text and status · March 10, 2026 · primary source · checked November 9, 2026
- District of Columbia B26-0858, Restricting Editing and Alterations in Listing Photos Amendment Act of 2026 · October 9, 2026 · primary source · checked November 9, 2026
Our reading as of November 9, 2026. Not legal advice. Rules change, so check the sources before you rely on them. See all markets.