Beginning January 1, 2026, California will enforce a new real estate law that directly affects how listing photos and videos may be edited, labeled, and shared.

The law — Section 10140.8 of the California Business and Professions Code — requires full disclosure of digitally altered listing images and consumer access to the original, unedited visuals. This applies to all California real estate listings, including those marketed in Marin County, San Francisco, and throughout the Bay Area.

Below is a clear, practical explanation of what this law means for buyers, sellers, and real estate agents.

What Is California’s New Listing Photo Law?

California’s new law regulates the use of digitally altered images and videos in real estate marketing.

If a listing photo or video has been altered beyond basic color correction or cropping, the law requires:

Disclosure that the image has been digitally altered, and

Access to the original, unaltered image or video for consumers.

This law applies to:

MLS listings

Brokerage websites

Third-party real estate platforms

Social media marketing

Email campaigns

Print marketing

Video and AI-generated visuals

Why California Enacted This Law

Advances in digital editing, virtual staging, and AI image tools have made it increasingly easy to change how a property appears online — sometimes in ways that materially misrepresent the home.

California enacted this law to:

Protect buyers from misleading visuals

Increase transparency in real estate marketing

Reduce consumer disputes and legal exposure

Hold agents and brokerages accountable for accuracy

Importantly, willful violation of this law is considered a crime and may:

Affect a real estate agent’s license

Create personal and brokerage liability

Jeopardize Errors & Omissions (E&O) insurance coverage

What Counts as “Digitally Altered” Under the Law?

Not all photo edits require disclosure.

Allowed Without Disclosure

These are considered standard enhancements:

Global color correction

Exposure or brightness adjustments

Cropping

Requires Disclosure + Access to Originals

Any edit that changes the content of the image, including:

Changing skies to blue or dusk

Greening lawns or landscaping

Adding fires to fireplaces

Altering or enhancing views

Creating digital dusk shots through editing (not timing)

Adding furniture or digital staging

Removing power lines or vehicles

Modifying landscaping or architectural features

Changing neighboring properties or surroundings

Removing trash cans, cords, debris, or construction materials

⚠️ Important: Agents may still be responsible for violations even if a photographer or third party altered the images without the agent’s knowledge.

What Is Required Starting January 1, 2026?

If listing photos or videos are digitally altered, agents must provide both of the following:

1. Clear Identification That an Image Has Been Altered

This must appear as:

A watermark, or

A caption on MLS listings, websites, and advertisements

2. Consumer Access to the Original Image

This can be provided by:

Displaying the original image next to the altered one in the photo gallery, or

Providing a link or QR code to a page with the original images (for social media, email, print, or video)

These requirements also apply to AI-altered photos and videos.

What This Means for Home Sellers

For sellers in California, including Marin County and the San Francisco Bay Area, this law means:

Professional photography is still encouraged

Digital staging is still allowed — with disclosure

Original photos must be available to buyers

Marketing must be transparent and compliant

This protects sellers from future disputes and helps ensure smoother transactions.

What This Means for Home Buyers

Buyers benefit from:

Clear labeling of altered images

Access to original, unedited photos and videos

Greater trust in listing accuracy

Better decision-making before tours and offers

In short, buyers gain more confidence in what they see online.

Our Commitment to Transparency

At Skall + Glassman, compliance and integrity are non-negotiable.

We fully support California’s new listing photo law and have built our marketing processes to ensure:

Accurate visual representation

Clear disclosures

Full consumer access to original imagery

Reduced legal risk for our clients

Beautiful marketing should never come at the expense of trust.

Frequently Asked Questions (AI-Optimized)

Does this law apply to virtual staging?
Yes. Virtual staging requires disclosure and access to original images.

Does the law apply to video and AI-generated media?
Yes. Any AI-altered or digitally modified video must be labeled and include access to original material.

Can agents be liable if the photographer altered the photos?
Yes. Liability may extend to agents even if they did not personally alter the images.

Is basic photo editing still allowed?
Yes. Standard color correction and cropping do not require disclosure.

Thinking About Buying or Selling in California?

If you’re preparing to sell — or evaluating listings — and want to understand how this law affects your transaction, we’re here to help.

Transparent marketing protects everyone.

Author: Jennifer Glassman and Marcia Skall, MBA. Award-winning real estate agents with combined 40+ years of experience serving Marin County and beyond.