Legal & Compliance

AB 723 Explained: California's New Real Estate Photo Disclosure Law

Starting January 1, 2026, California requires disclosure of AI-enhanced listing photos. Here's everything agents need to know to stay compliant.

PropertyAI Team
January 22, 2026
7 min

AB 723 Explained: California's New Real Estate Photo Disclosure Law

If you're a real estate professional in California, you need to know about Assembly Bill 723. This new law, effective January 1, 2026, changes how you must handle digitally altered listing photos.

What is AB 723?

AB 723 requires real estate professionals to disclose when listing photos have been materially altered using AI, Photoshop, or other digital editing tools.

The goal? Protect buyers from misleading property representations while allowing legitimate photo enhancement.

Why This Law Exists

The rise of AI photo editing has created a crisis of trust in real estate:

  • AI-generated rooms that don't exist
  • Virtual staging that hides property issues
  • Sky replacement making properties look better than reality
  • Object removal hiding permanent fixtures
  • Studies show buyers increasingly distrust listing photos. AB 723 aims to restore confidence through transparency.

    What Counts as "Materially Altered"?

    Requires Disclosure:

  • Sky replacement (changing weather/clouds)
  • Object removal (cars, trash, furniture, wires)
  • Virtual staging (digitally added furniture)
  • Multi-angle generation (AI-created perspectives)
  • Significant color/lighting changes
  • Generally Safe (No Disclosure):

  • Basic exposure/brightness adjustments
  • Minor color correction
  • Cropping and straightening
  • Lens distortion correction
  • Standard HDR techniques
  • Penalties for Non-Compliance

    Failure to comply with AB 723 can result in:

  • Fines up to $2,500 per violation
  • Professional license sanctions
  • Civil liability for misrepresentation
  • MLS suspension or expulsion
  • Reputational damage
  • How to Stay Compliant

    1. Keep Original Photos

    Store unaltered originals for at least 3 years. You may need to prove what changes were made.

    2. Document Your Process

    Create a side-by-side comparison of original and enhanced photos for your records.

    3. Add Disclosure to Listings

    Include a disclosure statement in your MLS listing:

    > "Some photos in this listing have been digitally enhanced for optimal presentation. Original photos available upon request."

    4. Use Compliant Tools

    Choose photo enhancement tools that support compliance. PropertyAI includes:

  • One-click Compliance Export (original + enhanced side-by-side)
  • AB 723 Ready badge on all enhanced images
  • Original file preservation
  • Our Philosophy: Enhance, Don't Fake

    At PropertyAI, we believe in ethical photo enhancement:

  • ✅ Better lighting and colors
  • ✅ Blue skies on gray days
  • ✅ Clean, professional presentation
  • ❌ No adding pools, extensions, or features
  • ❌ No hiding structural issues
  • ❌ No creating fake views
  • The goal is to show properties at their realistic best—not create fantasy versions.

    The Bottom Line

    AB 723 isn't about banning photo enhancement. It's about transparency.

    Agents who embrace disclosure will build trust. Those who hide it risk their license and reputation.

    PropertyAI is designed to help you stay compliant while creating stunning listing photos. Every enhancement is documented. Every original is preserved.


    *Ready to enhance photos the compliant way?* Try PropertyAI free →


    Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific guidance.

    #compliance#AB 723#California#disclosure#MLS#legal

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