Do I have to disclose edited listing photos in California?

Our reading as of , from the sources below. Not legal advice.

Short answer

Camera fixes are fine as they are. If an edit adds, removes or changes anything in or around the property, say the photo was altered, on or next to it, and link to the unaltered original.

  1. Lighting, white balance, color, exposure, straightening and cropping don't make an altered image.
  2. Adding, removing or changing furniture, fixtures, landscape, views or anything else in the photo does. Label it on or next to the photo.
  3. Link to the original through a public URL or QR code, and say the original can be seen there. Your MLS may ask for more.

What Retouch Homes does in California

On by default, no label
Straightening, leveling and cropping, which are on AB 723's list of common edits. 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 and keep the original for you to link.
We don't do
Removing fixed features or views, which some MLSs ban outright.

Edit by edit

Exposure and color in California

No label

Lighting, white balance, color correction and exposure are on the law's list of common edits that don't make an altered image.

Source 1

Straightening and lens in California

No label

Angle and straightening are on the same list.

Source 1

Cropping in California

No label

Cropping is on the same list.

Source 1

New sky in California

Label

AB 723 doesn't name the sky, but it covers elements outside or visible from the property, and Bay East MLS counts sky replacement as altered. Label it.

Label text
Digitally altered. See the original: [link]
Show the original?
Yes: link to it from the ad.

Source 1, 4· our reading, no rule names it

Grass and landscape in California

Label

Landscape is named in the law. Label it and link the original.

Label text
Digitally altered. See the original: [link]
Show the original?
Yes: link to it from the ad.

Source 1

Removing clutter in California

Label

Removing furniture or other elements makes an altered image. Label it and link the original.

Label text
Digitally altered. See the original: [link]
Show the original?
Yes: link to it from the ad.

Source 1

Removing fixed features or surroundings in California

Label

Removing fixtures, utility poles, views or neighboring buildings makes an altered image. Some MLSs, such as CRMLS, ban it outright.

Label text
Digitally altered. See the original: [link]
Show the original?
Yes: link to it from the ad.

Source 1, 4

Virtual staging in California

Label

Furniture is named in the law. Label the staged photo and link the unstaged original.

Label text
Virtually staged. See the original: [link]
Show the original?
Yes: link to it from the ad.
Where the label goes
On or next to the photo.

Source 1, 2

Day to dusk in California

Unclear: label it

Lighting edits are excluded, but turning day into dusk changes what the photo shows. Label it to be safe.

Label text
Digitally altered. See the original: [link]
Show the original?
Yes: link to it from the ad.

Source 1· our reading, no rule names it

AI-generated image in California

Unclear: label it

AB 723 covers altered photos. It doesn't address renderings with no original photo, so label them as renderings.

Label text
Digital rendering, not a photo.

Source 1, 3· our reading, no rule names it

Label text to copy

Digitally altered. See the original: [link]

AB 723 sets no exact wording, but the statement must say the original can be seen at the link. Put it on or next to the photo. Your MLS may require its own words.

Portal and MLS rules

MLSs
Several California MLSs are stricter than AB 723. CRMLS bans changing fixtures, landscape and views even with a label, and Bay East counts AI enhancements as altered. Check your MLS's page. Source 4
Zillow
We found no public Zillow rule for agents' edited photos beyond MLS rules. Source 4

Coming into force

· California rentals

A new law reported as signed in September 2026 extends the same disclosure to rental listings, for anyone advertising a rental. We haven't read the chaptered text yet. Source 5

The rule, word for word

“…include language indicating that the unaltered images can be accessed on the linked internet website, URL, or QR code…”

California Business and Professions Code §10140.8 (AB 723) and §10185, in DRE's Real Estate Law, 2026 edition. Our summary above isn't binding; the source is.

Questions agents ask

What counts as a digitally altered image under AB 723?

A photo altered with photo editing software or AI to add, remove or change elements such as furniture, fixtures, flooring, paint, landscape, the facade, or things outside the property like utility poles, views and neighboring buildings.

Do I need to disclose brightness, HDR or straightening under AB 723?

No. Lighting, sharpening, white balance, color correction, angle, straightening, cropping and exposure are listed as common edits that don't make an altered image, as long as they don't change how the property is represented.

Is virtual staging legal in California?

Yes, with a disclosure. Furniture is named in the law, so a staged photo needs a statement on or next to it and a link to the unstaged original.

What's the penalty for not disclosing an altered photo in California?

A willful violation of the real estate law is a misdemeanor with a fine of up to $10,000, and the DRE can discipline the license. MLSs can fine too: CRMLS fines after a warning.

Does AB 723 cover rentals?

No, it covers sales. A separate law reported as signed in September 2026 extends the disclosure to rentals from January 1, 2027.

Sources

  1. California Business and Professions Code §10140.8 (AB 723) and §10185, in DRE's Real Estate Law, 2026 edition · January 1, 2026 · primary source · checked November 6, 2026
  2. California DRE, Real Estate Bulletin, Winter 2026 · primary source · checked November 6, 2026
  3. California DRE, Licensee Advisory: AI in California Real Estate · March 17, 2026 · primary source · checked November 6, 2026
  4. CRMLS, Digitally Altered Images (Rule 11.5.2) FAQs · February 13, 2026 · primary source · checked November 6, 2026
  5. California Legislative Information, AB 2025 (2025–2026): status and text · primary source · checked November 6, 2026

Our reading as of November 6, 2026. Not legal advice. Rules change, so check the sources before you rely on them. See all markets.