What the New Photo Editing Law Means for California Agents
Beginning January 1, 2026, California real estate agents will be required to follow new legal guidelines around the use of altered listing photos and videos. These changes have serious implications for how listings are marketed—and failure to comply could put an agent’s license and insurance coverage at risk.
Here’s what you need to know to protect yourself and your business.
The New Law: What Changed?
California has enacted Section 10140.8 of the California Business and Professions Code, which governs the use of digitally altered images in real estate marketing.
Under this law, agents must:
- Disclose when an image has been altered beyond standard color correction or cropping
- Provide access to the original, unaltered image to consumers
This applies to both still photography and video, including AI-altered content.
A willful violation is considered a crime, and non-compliance can:
- Affect your real estate license
- Create legal exposure in a class-action environment
- Jeopardize Errors & Omissions (E&O) insurance coverage
In short: this is not a “best practice” suggestion—it’s a legal requirement.
What Counts as “Digitally Altered”?
The law focuses on content changes, not basic global enhancements. Standard edits like exposure correction, white balance, and cropping are still permitted without disclosure.
However, any modification that changes what is actually depicted in the image requires disclosure and access to the original.
This includes (but is not limited to):
- Changing or replacing skies (blue sky, dusk, sunset effects)
- Greening lawns or landscaping enhancements
- Adding a fire to a fireplace
- Altering or enhancing views
- Creating digital dusk images through editing (not timing)
- Digital staging or adding furniture
- Removing power lines or utility elements
- Modifying architectural features or landscaping
- Editing surrounding neighborhoods or adjacent areas
- Removing trash cans, vehicles, lamp cords, or construction debris
⚠️ Important: The responsibility may still fall on the agent even if the photographer made the alteration without the agent’s knowledge.
What Will Be Required Starting January 1, 2026
If you use digitally altered images in your listing marketing, you must provide both identification and access to originals.
1. Identification That an Image Is Altered
This must be clearly disclosed using either:
- A watermark, or
- A caption on websites, MLS, and advertisements
2. Original Image Access for Consumers
How you provide this depends on the medium:
- MLS & Property Websites:
The original image must appear in the photo gallery adjacent to the altered version. - Social Media, Print, Email, and Other Marketing:
You must include a link or QR code that directs consumers to a site where the original images are accessible.
3. Video Content
Any video altered using AI or digital manipulation must also:
- Be clearly identified as altered
- Provide access to the original, unedited footage
Why This Matters (Beyond Compliance)
This law isn’t just about misrepresentation—it’s about risk management.
In today’s legal climate:
- Failure to disclose can create criminal exposure
- Class-action claims can arise even from unintentional violations
- E&O insurance may deny coverage if the law is not followed precisely
For agents and brokerages, the risk of “business as usual” photo editing is now simply too high.
What Agents Should Do Now
To prepare for 2026, California agents should:
- Audit current listing photography and editing practices
- Have clear conversations with photographers and media vendors
- Establish internal guidelines for what edits are allowed
- Create a system for storing and sharing original images
- Update marketing workflows for MLS, social, email, and print
- Train team members and assistants on compliance requirements
The Bottom Line
Beautiful marketing still matters—but accuracy, transparency, and compliance matter more.
As AI tools and digital enhancements become more sophisticated, California is setting a clear standard:
If you alter it, you must disclose it—and you must show the original.
Agents who adapt early will not only protect their licenses, but also build greater trust with buyers, sellers, and the public.
If you want help reviewing your marketing systems, photo workflows, or listing compliance strategy, reach out!
Author Melanie Morris, Marketing & Business Consultant with over 17 years of experience.
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