What California’s AB 723 Means for Real Estate Agents
(And How You Stay Compliant)
TL;DR
Effective January 1, 2026, California Assembly Bill 723 (AB 723) introduces a new requirement for how real estate professionals use digitally altered images in marketing and listings. This new law affects agents, brokers, and anyone acting on their behalf when promoting property for sale. (LegiScan)
If you use any digitally altered photos (beyond routine photographic enhancements) in advertising, you must:
✔ Include a clear disclosure that the image has been altered.
✔ Provide access to the original, unaltered image — either directly on a controlled website or by link/QR code.
✔ Make sure the disclosure is reasonably conspicuous and placed on/near the image. (LegiScan)
✔ Official sources linked are at the bottom.
What AB 723 Requires (Official Law)
AB 723 adds Section 10140.8 to the California Business and Professions Code. Under the law:
📌 If you include a digitally altered image in property advertising, you must:
Disclose that the image has been altered — the statement must be reasonably conspicuous and next to or on the image shown.
Provide access to the original image — either (a) include it in the online posting if you control that website, or (b) provide a publicly accessible link/URL or QR code to a site that clearly identifies the unaltered image. (LegiScan)
The law applies to all marketing and promotional materials related to the sale of real property where the altered image is used. (LegiScan).
What Counts as a Digitally Altered Image?
Under the law’s definition (section 10140.8):
A “digitally altered image” is one that adds, removes, or changes elements of the real property using photo editing software or artificial intelligence, including (but not limited to):
Fixtures or furniture
Appliances
Flooring or walls
Paint colors
Landscape or hardscape
Exterior elements (views, street elements, neighboring structures) (LegiScan)
🛑 These edits require disclosure.
However, the law explicitly excludes routine photo corrections that do not change the representation of the property, like:
✔ Lighting, sharpening, white balance
✔ Color correction
✔ Angle adjustments or straightening
✔ Cropping or exposure tweaks (LegiScan)
What This Means for Listing Agents
Focused on Transparency
AB 723 is designed to ensure that buyers and consumers see truthful representations of real property, especially as digital photo editing and AI tools become more accessible. (LegiScan)
For agents, this means:
👉 Standard MLS photo uploads: If you alter an image in ways that change the property’s appearance, you must label it as “digitally altered” or similar.
👉 Providing originals: You must make the unaltered photos accessible. If you’re posting the listing on a website you control, include the originals there. If not, a publicly accessible gallery with a URL or QR code is acceptable. (CCARToday).
Guidance from the Contra Costa Association of REALTORS® (CCAR)
CCAR has published member guidance about AB 723 that reinforces key compliance points:
✔ The law applies statewide and affects how MLS and other listing inputs will accommodate disclosures.
✔ CCAR and neighboring MLSs are working collaboratively to align workflows and MLS rule updates with chaptered legislation.
✔ Specific procedures for input fields and MLS labeling will be shared as regional rules roll out ahead of the effective date. (CCARToday).
How Birchmont Media Is Helping You Stay Compliant
To support Contra Costa agents and ensure your listings meet these new legal requirements, Birchmont Media has updated our workflows and delivery standards to help you:
Clear Labeling of Altered Images
When a photo includes edits that meet the definition of digitally altered, we’ll embed clear file-level labeling and guidance so you can meet the “reasonable conspicuous” disclosure standard.
Provide Original Files
For every listing where altered images are delivered, we’ll supply:
✔ Originals (unedited)
✔ Final edited images
✔ Suggested disclosure text to accompany uploads
This gives you the flexibility to include the originals directly on your listing site or provide a link/QR code if needed.
Recommendation for Accessibility
We recommend that agents:
✔ Host originals on a controlled listing/media page
✔ Add a simple QR code in marketing pieces that links to the originals
✔ Label altered photos consistently (e.g., “Digitally Altered – Originals Available”)
Effective Date
📅 The law goes into effect on January 1, 2026. (LegiScan)
Make sure your media workflows and MLS procedures are updated before then to avoid compliance issues.
Official Source Links
🔗 California Assembly Bill 723 (Legislative Text) — Real estate: digitally altered images: disclosure (Business & Professions Code §10140.8): https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB723 (LegiScan)
🔗 CCAR Member Guidance on AB 723 — Disclosure Required for Digitally Altered Property Images: https://ccartoday.com/new-law-ab-723-disclosure-required-for-digitally-altered-property-images/ (CCARToday)
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Last updated: 01-05-2026