Digitally altered images & AB 723 — how disclosure works
Since 1 January 2026, California Business & Professions Code § 10140.8 (AB 723) requires two things whenever a digitally altered image is used to advertise a property for sale: a statement that the image has been altered, and a link — a URL or QR code — to a publicly accessible page that clearly identifies the original, unaltered image.
Whose obligation is it?
The licensee’s. The statute applies to “a real estate broker or salesperson, or person acting on their behalf, who includes a digitally altered image in an advertisement.” If you advertise the listing, the disclosure duty is yours — regardless of who edited the photos. Visual Property Agent is a tool; we do not advertise your listings and we are not your lawyer. Your broker’s rules and your MLS’s rules apply on top of the statute.
What counts as “digitally altered”
The law covers images edited “to add, remove, or change elements” — it lists fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade and floor plans. Virtual staging, object removal, wall or floor changes and sky replacement are covered.
It explicitly excludes images where “only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made.” Ordinary photo enhancement does not trigger the requirement. Our listing reels — motion derived from your unaltered photographs — do not add, remove or change elements either.
What Visual Property Agent does to help
- Confirmation at upload. Before we process anything, you confirm that the files you upload are the originals as captured. Your name (and DRE number, if you give it) appears on the record.
- Fingerprints. Every original is hashed (SHA-256) on receipt and stored unmodified. Capture date, camera and editing software are read from the file where present.
- A public disclosure page for every job. Each job gets a link and a QR code at
visualpropertyagent.com/disclosure/…showing the originals, what was changed, and the confirmation. Put it in the listing wherever altered images appear. It works on any portal or site the listing is syndicated to. - Nothing to label. Our tools make only the adjustments the statute excludes — exposure, white balance, colour, sharpening, cropping and straightening — and our reels and tours derive motion from your unaltered photographs. We do not add, remove or change elements, so nothing we produce is a “digitally altered image” under § 10140.8. The disclosure record exists so you can show that, and so that any altered images from elsewhere in your listing have originals to point to.
How long we keep your originals
The statute sets no retention period — it requires the originals to be reachable while the advertisement is live. Our retention is set by plan and shown on every disclosure page:
| Plan | Originals kept |
|---|---|
| Free | 30 days |
| Solo, Pro, Studio | 12 months from the job date |
When a record expires, the originals are deleted and the page changes to an “archived” notice that keeps the file fingerprints. If a listing is still being advertised past that date, replace the link or re-host the originals. We never return a blank error for a disclosure link.
Not legal advice
This page summarises the statute as we read it and describes our features. It is not legal advice, requirements differ by MLS and by state, and you remain responsible for compliance. If in doubt, ask your broker or a California real estate attorney. Bill text: AB 723 on leginfo.legislature.ca.gov.