01/25/2026
Starting January 1, 2026, California's Assembly Bill 723 (the "Altered Image Law") requires real estate professionals to conspicuously disclose if listing photos have been digitally altered or AI-enhanced. It mandates that agents provide access to the original, unedited, or "unfixed" image, aiming to prevent misleading visuals in home sales.
Key Details of California AB 723 (Effective Jan 1, 2026):
Scope: Applies to photos used in real estate listings, including residential, commercial, and land, as well as leases for more than one year.
Definition of "Altered": Any image changed via software or AI to add/remove furniture, change paint colors, alter flooring, or modify landscaping and structural features.
Permitted Edits: Standard, non-disclosable edits include lighting adjustments, color correction, cropping, and sharpening, provided they do not fundamentally change the property's appearance.
Disclosure Requirement: A "reasonably conspicuous" disclaimer must state the image is altered, and a copy of the original photo must be available.
Penalties: Violation of this law is considered a crime, reinforcing the need for compliance in advertising.
Other Relevant Photo Laws:
AB 2801 (Effective 2025): A separate California law requiring landlords to take date-stamped photos of rental units at move-in and move-out to support security deposit deductions.
These regulations are designed to increase trust and accuracy in advertising by ensuring potential buyers or renters see the true state of the property.
