A guide

What does California's AB 723 require for virtually staged listing photos?

Since January 1, 2026, a California real estate licensee, or anyone acting for one, who uses a digitally altered photo in an ad for a property sale must say so in a clear statement on or next to the photo. The statement must link to a public website, URL or QR code that shows the original, unaltered photo, and say that the originals can be seen there.

A hand filing a card into a desk sorter where the other cards are already in order.

What the law requires

AB 723 became law as Chapter 497, Statutes of 2025, and added section 10140.8 to California's Business and Professions Code. It covers real estate brokers and salespersons, and anyone acting on their behalf, who put a digitally altered image in an advertisement or promotional material for the sale of real property. The Department of Real Estate says licensees must comply as of January 1, 2026.

  • A statement that the image was digitally altered, reasonably conspicuous and on or next to the image.
  • A link to a publicly accessible website, URL or QR code that includes and clearly identifies the original, unaltered image.
  • Words in the statement saying the unaltered images can be seen at that link.
  • On a website you control, the unaltered version also goes in the posting. A link to a public page with the clearly identified original, plus the statement, meets this too.

What counts as altered

An image changed with photo editing software or artificial intelligence to add, remove or change elements of the property. The law lists fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade and floor plans, and things outside or visible from the property, such as streetlights, utility poles, views through windows and neighboring properties. Virtual staging counts. So does removing a power line or a neighbor's house.

Routine edits that do not change how the property is represented do not count: lighting, sharpening, white balance, color correction, angle, straightening, cropping and exposure.

A simple labeling practice

  • Keep every original. Save the unedited file beside the edited one, under the same name plus "original".
  • Label on the photo or right under it, in plain words, for example: "Digitally altered: virtually staged. See the unaltered photos at [your link]."
  • Make one public page per listing that shows each original next to its edited version, and put its link or a QR code in every label. On your own website, show the originals in the listing itself.
  • Ask your photographer or staging service to tell you which files were changed beyond light, color and cropping.
  • Carry the same label into every ad, flyer and post that uses the photo.

When to ask a professional

LOJIK builds software. It is not a law firm, and this page is not legal advice. Ask your broker or a real estate attorney if:

  • You are not sure whether a specific edit counts as altered.
  • A buyer, your MLS or the Department of Real Estate has asked about a listing's photos.
  • The listing is outside California, where other rules may apply.

Questions

When did AB 723 take effect?

Licensees must comply as of January 1, 2026. The bill became law as Chapter 497, Statutes of 2025.

Does brightening a photo count as altering it?

No. Adjusting lighting, exposure, white balance, color, sharpness, angle, straightening or cropping is not covered, as long as the edit does not change how the property is represented.

Who is responsible for the label?

The licensee, and anyone acting on their behalf, such as an assistant or a marketing service. The law covers images made by them or at their direction.

Does it apply to rental listings?

AB 723 is written for advertising the sale of real property. For a rental listing, ask your broker.

Sources

Checked against these sources on Nov 11, 2026.