*Updated 1/9/2025* Important Information About California AB 723
New Requirements for digitally altered images
Effective Date: January 1, 2026
California Assembly Bill 723 requires real estate brokers, salespersons, and anyone acting on their behalf to disclose when marketing images have been digitally altered and to provide access to original, unaltered versions. Failure to comply is a criminal offense. As a licensed real estate professional, you are legally responsible for ensuring proper disclosure when using digitally altered images in your marketing. This applies whether you edit the images yourself or we edit them for you.
What this means for you:
How we support your compliance:
Important: Because disclosure requirements can be subject to interpretation, please inform us at the time of booking if you anticipate needing enhanced editing services (see list below.). This allows us to plan accordingly and ensure you receive both versions of all necessary files. Ultimately, you are responsible for determining which images require disclosure and ensuring proper compliance.
What Is NOT Considered Digitally Altered?
Standard photo adjustments that don't change the representation of the property are exempt from disclosure, including lighting, sharpening, white balance, color correction, angle straightening, cropping, and exposure adjustments.
What Is a "Digitally Altered Image"?
An image is considered digitally altered if it has been modified using photo editing software or artificial intelligence to add, remove, or change physical elements of the property. When you order these services from us, the resulting images WILL require disclosure:
Questions?We're here to help you navigate these new requirements. If you have questions about:
Please contact us at [email protected]
Remember: This law is designed to protect consumers by ensuring transparency about property representations. We're committed to providing you with everything you need to stay compliant while still creating beautiful, effective marketing materials for your listings. However, as the licensed professional, you are ultimately responsible for determining compliance and implementing proper disclosures.
-Team Hopscotch
Effective Date: January 1, 2026
California Assembly Bill 723 requires real estate brokers, salespersons, and anyone acting on their behalf to disclose when marketing images have been digitally altered and to provide access to original, unaltered versions. Failure to comply is a criminal offense. As a licensed real estate professional, you are legally responsible for ensuring proper disclosure when using digitally altered images in your marketing. This applies whether you edit the images yourself or we edit them for you.
What this means for you:
- You must disclose any digitally altered images in all advertising (print and online)
- You must provide access to the original, unaltered versions
- You must comply with these requirements regardless of who created the alterations
How we support your compliance:
- We will label images that we believe require disclosure based on the editing performed
- We will provide both altered and unaltered versions of any modified images
- We will help you understand which of our services typically trigger disclosure requirements
Important: Because disclosure requirements can be subject to interpretation, please inform us at the time of booking if you anticipate needing enhanced editing services (see list below.). This allows us to plan accordingly and ensure you receive both versions of all necessary files. Ultimately, you are responsible for determining which images require disclosure and ensuring proper compliance.
What Is NOT Considered Digitally Altered?
Standard photo adjustments that don't change the representation of the property are exempt from disclosure, including lighting, sharpening, white balance, color correction, angle straightening, cropping, and exposure adjustments.
What Is a "Digitally Altered Image"?
An image is considered digitally altered if it has been modified using photo editing software or artificial intelligence to add, remove, or change physical elements of the property. When you order these services from us, the resulting images WILL require disclosure:
- Virtual staging
- Item removal (furniture, vehicles, power lines, etc.)
- Sky replacement
- Lawn enhancement/replacement
- Virtual renovations or color changes
- Twilight conversions (adding artificial dusk lighting)
Questions?We're here to help you navigate these new requirements. If you have questions about:
- Whether a specific service requires disclosure
- How to implement disclosures in your marketing
- File organization or delivery
- Custom disclaimer requirements
Please contact us at [email protected]
Remember: This law is designed to protect consumers by ensuring transparency about property representations. We're committed to providing you with everything you need to stay compliant while still creating beautiful, effective marketing materials for your listings. However, as the licensed professional, you are ultimately responsible for determining compliance and implementing proper disclosures.
-Team Hopscotch