Why this matters: Digitally manipulating images of property interferes with the general duty seller agents owe buyers and sellers. Proper disclosure, as set down by new legislation, mandates factual photography devoid of unlabeled changes and assures reliable marketing materials to strengthen buyer satisfaction with agents.
Real estate’s candid camera
Consumers are in the habit of shopping online.
However, compared to buying clothes or gadgets, buying real estate without a physical walkthrough as sight unseen presents a huge risk of loss in the age of digital manipulation and photo editing.
New legislation, Assembly Bill 723, mandates transparency for real estate photography used in advertising. Starting January 1, 2026, all brokers and agents must disclose:
- an altered image is not the original; and
- instructions to view the original. [BPC §10140.8]
Whether the agent, broker or someone acting on their behalf uses traditional photo editing software or AI, an altered image cannot change material aspects of the physical property without also presenting the true and unaltered photo. [BPC §10140.8(a)(1)]
These changes include but aren’t limited to adding or removing the:
- fixtures;
- furniture;
- appliances;
- flooring;
- walls;
- paint color; or
- landscape. [BPC §10140.8(b)(1)]
A photo used within an advertisement or other promotional activity must be labeled as digitally altered when a material condition inside or outside of the home has been changed. [BPC §10140.8(a)(1)]
Adjusting the floor plan or the view creates major dissonance between what a buyer expects and what they’ll receive — if they were to acquire the property. A photo which alters visible outdoor elements such as streetlights, utility poles, or the view of neighboring properties requires labeling as altered. [BPC §10140.8(b)(1)]
When an image contains alterations of any of the listed property conditions above and the seller agent shares the image, the unaltered version must be available by:
- including it within the same post as the labeled altered version; or
- linking to a publicly accessible website via URL or QR code which identifies the original image. [BPC §10140.8(a)(2)]
Real estate photography designed for a clear purpose is a skill. The line between a representative, accurate photo and flattering fluff that misrepresents is important for agents looking to close a transaction that meets all expectations and not just attract soon-to-be disappointed buyers.
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Where is the line?
Changes to an image permitted by the code are limited to common photo editing adjustments that do not change the physical property itself such as correcting the:
- lighting;
- white balance;
- angle; or
- exposure. [BPC §10140.8(a)(2)]
These enhancements do not produce a “digitally altered image” which requires labeling for viewers. Agents and brokers are welcome to use everyday tools such as:
- sharpening;
- straightening;
- cropping; or
- color correction. [BPC §10140.8(a)(2)]
An agent tempted to showcase the potential of a property by showing the space with a fresh coat of paint, beautiful flowers planted outside, and swapping out a few dated light fixtures is fundamentally misrepresenting components of the property. To remedy a photographic misrepresentation, the agent must concurrently share the unaltered photos with the distorted image.
An agent may privately use an altered image for a less traditional purpose when an agent advises their client, be they seller or buyer, that the property enhancements presented in an altered photo make the home more attractive. Here, the alterations in the photo are for the client to consider as suggested improvements to the property.
For seller agents, staging is an important marketing tool. A good photo — real or not — is no substitute for presenting a home as optimized for marketing.
Altering advertising or promotional materials only distorts the marketing process, betrays the trust of buyers and risks ruining the overall reputation of agents and brokers for using dishonest images.
A successful sale ends with the buyer walking through the doors of the home, not the photograph.
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