Real estate photography in California has a new requirement that aims to increase trust and accuracy in advertising media. Starting January 1, 2026 brokers will be required by law to disclose when an image used to advertise a property has been altered and provide access to an un-altered version. Let's look at how this will effect real estate advertising. Also, how brokers/agents, sellers, and landlords may want to change their media strategies.
Some brokerages have recently updated their policies regarding use of altered images and many Multiple Listing Services (MLS) have also addressed the issue. However, as of January 1st uniform disclosure requirements are state law per California Business & Professions Code §10140.8 as amended by Assembly Bill AB 723. Altered photo disclosures are required for sale of all property types - residential, commercial, land and even leases for a period longer than one year.
It's important to understand the difference between editing and altering. The new law doesn't require disclosure of standard edits like cropping, sharpening, color corrections, and other adjustments made during normal image processing to increase the accuracy of the image. An image is altered when edited to "add, remove or change elements in the image" including furniture, fixtures, wall colors, flooring, layout, landscape, and other features. When a photo has been altered, the law requires that a disclosure statement appear "on or adjacent to" the altered image and that an un-altered version of the image also be provided. That image may be published immediately adjacent to the altered image or available through a link if published online. We'll share an example of both methods in a minute.
The new law addresses concerns of consumers regarding accurate real estate advertising. Although few homes are sold based only on how they look in pictures, buyers sometimes feel tricked when they visit a property and find that photos misrepresent its features or condition. Common alterations to real estate photos include:
- replacing dirt patches in the yard with healthy grass or other foliage
- replacing overcast skies with pretty blue
- removing satellite dishes, overhead wires, neighboring buildings, or other annoying background items
- removing interior and exterior clutter
- adding virtual staging when the property is not physically staged
- darkening an exterior image and adding colors to the sky to create the appearance of twilight or darkness
Currently, disclosure of altered photos is usually done with a note in the Remarks or Comments section of a listing or advertisement that states photos have been altered. Here are simple examples of what is now going to be required. We'll start by illustrating how easy it is to alter an image to make a property appear more attractive. In the three photos below of a property we listed a couple years ago, the first shows the property as it is (the photo we used in the listing). For illustration purposes only, the second photo identifies three distractions that might be removed to make the image more attractive. In the third photo, the distractions have been removed. Total editing time was about one minute.
Original/Un-Altered
Items to alter circled
Altered
AB 723 allows brokers to use altered photos, but only if properly disclosed. Here are two examples. The first complies by disclosing that the image is altered and provides the original, un-altered image next to it.
The second example below uses the altered image, discloses that it has been altered, and provides a link and a QR code representing an Internet page where the original photo may be viewed. The precise language of the disclosures should be in accordance with the employing broker's policies - not what I've used here.
Providing disclosures, redundant photos, and links can make property advertising appear clunky, bloated and confusing. Brokers/agents, sellers, landlords and photographers may want to coordinate their efforts to ensure compliance with AB 723. Here are a few suggestions:
- Rather than adding virtual staging to images, use actual physical staging when appropriate.
- Clean, repair, replace or remove any items that previously might have been altered in images.
- Remove clutter, personal photographs, and other items that agents usually suggest be removed during the listing period.
- Be prepared to wait for a sunny day to shoot exterior photos.
- If twilight or night photos are helpful, schedule the photographer for an additional photo shoot at the appropriate time.
- If unsure about whether a photo needs editing or altering to achieve a certain look, consult with the photographer producing the image.
Happy New Year!
Disclaimer: This article does not provide legal advice. Brokers, agents, photographers and others are encouraged to seek advice from a qualified attorney regarding compliance with real estate photography disclosure requirements.