What is CA AB 723?
California Assembly Bill 723 (CA AB 723), which went into effect 1/1/2026, is a state law amendment that declares a property listing that features significantly altered images needs to include the original, unaltered images along with a disclosure about which images are altered.
What is Rule 11.5.2?
In adherence to CA CB 723, CRMLS has drafted the new Rule 11.5.2 and demands the same disclosure of unaltered images. The previous Rule 11.5.2 has been renamed Rule 11.5.3.
Note: The full text of the rule is at the bottom of this page.
What are digitally altered images?
Images or photographs that have been changed using digital editing tools or artificial intelligence to add, remove, replace, or modify visual design elements such as furniture, appliances or decor.
Does this include use of AI tools, such as REimagineHome?
Yes, AI-altered images count as digitally altered images.
Does this rule apply to all edits to an image?
No. Minor photographic adjustments, such as brightness, color correction, sharpening, or lighting are not affected by this rule.
What do I need to do with my digitally altered images to stay compliant?
A digitally altered image description needs to be labeled as such (“digitally altered,” “virtually staged,” etc.), the original and unedited image must also be included in the listing either right before or right after the digitally altered image.
Can I digitally alter components of the actual property, like adding a doorway or carpeting?
In compliance with Truth in Advertising rules, users CANNOT add, remove, or modify any real part of a property such as wall color, flooring, cabinets, wall dimensions, landscaping, etc.
What happens if I don’t correctly disclose that an image is digitally altered?
The user will be contacted by CRMLS Compliance to correct the issue as any user would be for any other violation.
Does my photographer need to add a digitally altered watermark?
No. The image needs to have the term “digitally altered” or one similar in the image description.
Are AI-generated landscaping images permitted in the MLS?
No. AI-generated landscaping images are not permitted in the MLS, as they may misrepresent the real property, and are intended for buyer’s agents to use only as a visual tool to help buyers explore landscaping possibilities.
Is there a specific fine associated with breaking this rule?
As of now, there is no fine for violating this rule, however the CRMLS Rules Committee will revisit the matter of fines in 2026.
What if I’m unsure if an image is digitally altered enough to be covered by this rule?
When in doubt, err on the side of caution. If you can’t determine if an image is digitally altered, it is advised to disclose that it is via the process established above.
Rule 11.5.2:
A Subscriber who submits to the MLS any Digitally Altered Image must also (i) submit the original, unaltered version of the digitally altered image, (ii) ensure that the original, unaltered version is displayed in the listing immediately before or after the digitally altered image, and (iii) ensure that the digitally altered image is labeled as “Photo Modified”, “Virtually Staged”, “Digitally Altered,” or “AI Altered,” or some accurate substantially similar term in the text field section for the altered photo in the add/edit module.
“Digitally Altered Image” means an image or photo, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image related to furniture or appliances.
“Digitally Altered Image” does not include an image where only slightly enhanced lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.
Pursuant to this section and CRMLS Rules 11.5(c) and 12.10 regarding Truth in Advertising, Subscribers may not add to a listing record any image or photo that has been altered to add, remove, or modify any (i) real property elements including but not limited to flooring, walls, windows, structural elements, cabinetry, paint color, hardscape, landscape, façade, fixtures, or floor plans unless the listed property will be improved to match the altered photo at time of close as part of the listed price, or (ii) elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties.