AB 723 Explained: Real Estate Photo Edits and Disclosure Rules
If you’ve heard the words “AB 723” recently and aren’t totally sure what it means, you’re not alone. I’ve had multiple real estate agents ask what edits are still allowed, what now requires disclosure, and whether common practices like sky replacements or AI touch-ups are going to cause problems.
AB 723 is a new California law that impacts how real estate photos are used in marketing, and many agents and photographers are still trying to understand what actually changes.
This post breaks it down in plain language. No legal jargon. Just practical guidance, real-world examples, and a simple way to stay compliant.
Quick note: This article is informational only and not legal advice. Always confirm requirements with your broker and MLS.
Who This Post Is For
This guide is for California real estate agents, brokers, and photographers who use professional photo editing, virtual staging, AI tools, or sky replacements and want to understand what AB 723 requires before it goes into effect.
What Is AB 723?
AB 723 is a California law that requires disclosure when real estate photos are digitally altered in a way that adds, removes, or changes elements of a property or scene.
The law goes into effect on January 1, 2026 and applies to real estate advertising and marketing materials.
In simple terms, AB 723 is about transparency. Buyers should be able to tell when an image has been altered and should have access to the original photo.
What AB 723 Requires
When a digitally altered image is used in real estate marketing, two things are required:
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Clear disclosure that the image has been digitally altered
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Access to the original, unaltered image, typically via a link, QR code, or adjacent upload
If the images are displayed on a website controlled by the agent or brokerage, the original image must also be included there.
The Definition That Matters Most
AB 723 defines a digitally altered image as a photo changed using editing software or AI to add, remove, or change elements in the image.
Examples mentioned in guidance include:
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Furniture or decor
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Fixtures and appliances
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Flooring, walls, paint colors
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Landscaping or facade
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Views through windows
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Background elements or neighboring features
The key idea is whether the edit changes what a buyer believes is actually present.
What Does Not Usually Require Disclosure
These edits are generally considered standard image quality enhancements and typically do not require disclosure:
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Brightness, exposure, and contrast adjustments
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White balance and color correction
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Cropping and resizing
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Straightening
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Sharpening
These edits improve image quality without changing the substance of the scene.
What Usually Requires Disclosure
Disclosure is recommended when edits change the scene or property, including:
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Virtual staging or furniture additions
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Removing objects such as cords, trash bins, or decor
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Changing wall colors, flooring, or cabinets
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Modifying landscaping or facade
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Altering views or backgrounds
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Sky replacements or time-of-day changes
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Adding fire to fireplaces or lights that were not on
If the edit changes what a buyer thinks exists, disclosure is the safest approach.
Do Sky Replacements Count?
This is the most common question I get.
Sky replacements are not explicitly listed by name in the law, but AB 723 includes changes to backgrounds and elements visible outside or through windows.
A simple rule that keeps agents safe:
If you replaced the sky, weather, or time of day, treat the image as digitally altered and disclose it.
A Simple Workflow That Makes Compliance Easy
Once you build this into your process, AB 723 becomes manageable.
For photographers
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Deliver both original and altered versions when applicable
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Use clear file naming (Original vs Altered)
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Include a short disclosure note with deliveries
For agents
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Upload originals alongside altered images if required by your MLS
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Keep originals archived with the listing
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Use consistent labels like “Digitally Altered” or “Virtually Staged”
Download the One-Page AB 723 Checklist
To make this even easier, I put together a one-page AB 723 photo disclosure checklist you can save, share with your broker, or keep for reference.
👉 Download the AB 723 One-Page Real Estate Photo Disclosure Checklist
It clearly outlines:
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Which edits usually require disclosure
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Which edits typically do not
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The sky replacement rule
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What agents must do to stay compliant
Common Real-World Scenarios
Virtual staging
Disclosure recommended. Keep the original image.
Removing clutter or cords
Object removal falls under “removing elements.” Disclosure is the safest approach.
Lawn or landscaping enhancement
Changing landscaping generally requires disclosure.
Basic color and lighting correction
Typically considered standard enhancement and does not require disclosure.
The Safest Takeaway
AB 723 does not ban photo editing or AI tools. It requires transparency.
If you are unsure whether an edit qualifies, the safest rule is simple:
When in doubt, disclose and keep the original.
Final Thoughts
AB 723 is designed to protect buyers, not punish agents or photographers. With a clear system for labeling altered images and storing originals, compliance becomes straightforward.
If you want a delivery workflow that already accounts for AB 723, or you have questions about how your MLS may implement it, feel free to reach out.
