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, what real estate media companies can do to make sure their broker and agent clients are in compliance.
Some brokerages have recently updated their policies regarding use of altered images and many Multiple Listing Services (MLS) have also addressed the issue. Truth is advertising is foremost an ethics 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.
Are there any alterations that can be made without disclosure? There will certainly be tests coming soon to clarify allowable alterations. Here is one we consider allowable because the alteration is limited to equipment creating the photo, not the property. In the first photo, a camera was placed in a bath tub to capture an image of a vanity and mirror. We stood in the hallway outside the bathroom and fired off the shot using a bluetooth remote control.
With a quick edit, the camera was digitally removed and the image was later processed for color accuracy. Does this alteration require disclosure?
The new law addresses consumer concerns 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 dark, cloudy 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
Here is an example of three possible alterations (2 fire hydrants and a satellite dish) that would need to be disclosed.
Original
Distractions Circled
Altered
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. The disclosure might even be placed in a caption, such as in this example.
Under the new rule, an un-altered copy of the photo must appear next to the altered version. If that isn't possible, a link to the original version or some other method of accessing the un-altered image must be provided either on or next to the altered photo. Here is an example.
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 prior to taking listing photos and 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!