Listing Photos, Virtual Staging and California's AB 723: What San Diego Sellers Should Know

by Trevor Landress

California's AB 723 is a new law that requires listing agents to clearly disclose when a real estate photo has been digitally altered, and it took effect on January 1, 2026. For San Diego sellers, that changes how virtual staging, object removal and photo editing show up in your listing. Good photos still matter, because they are the first showing most buyers see. This guide explains what the law says, what is and is not an alteration, and how to plan photos, video and 3D tours so your listing stays accurate.

The short answer

AB 723 added Section 10140.8 to the Business and Professions Code, effective January 1, 2026.
If a listing photo is digitally altered, it needs a clear disclosure on or next to the image, and buyers need a way to see the original.
Basic fixes such as lighting, color, cropping and straightening are not treated as alterations.
The San Diego MLS enforces the rule as part of its own rules, so your agent must label altered photos before they publish.

What AB 723 says in plain English

The law applies to licensed real estate agents and brokers. If they use a digitally altered image in advertising a property, they must include a reasonably conspicuous disclosure that it was altered. They must also give viewers a way to see the unaltered original, such as a link or a QR code.

It does not ban editing. It requires honesty about it. Willful violations can lead to discipline from the California Department of Real Estate, and that is one reason your agent will be careful about how your photos are labeled. The San Diego MLS tells agents it will enforce the rule from January 1, 2026, and it says brokers and agents stay responsible for photos on websites and social media too.

What counts as altered and what does not

The statute carves out common edits that do not change how the property is represented. These include lighting, sharpening, white balance, color correction, angle, straightening, cropping and exposure. Edits that add, remove or materially change physical features are different.

Edit	Disclosure needed?	Why
Adjusting exposure, white balance, cropping or straightening	Generally no	These are common adjustments that do not change what the property looks like.
Adding furniture or art to an empty room (virtual staging)	Yes	The items are not in the home.
Removing cars, cords, clutter or a neighbor's fence	Yes	The image no longer shows what is there.
Replacing a gray sky or adding green to a lawn	Yes	It changes how the exterior looks.
Changing paint, flooring or counters on screen	Yes, and the MLS may not allow it	It changes finishes buyers will pay for.

Gray areas exist, and when you are in doubt, the local MLS says disclosure is strongly recommended. Ask your agent how your photographer's edits will be labeled before the photos go live.

Why accurate photos help you

Altered photos can backfire. If a buyer tours and the home does not look like the pictures, you lose trust at the exact moment you need it. In the worst case, a buyer who feels misled can raise a complaint. Honest photos with clear labels keep your listing credible and keep the focus on the home itself.

Strong, honest photos still sell homes. My guide on preparing your home to sell suggests booking photos only after the home is cleaned, repaired and staged, because the photos become your first showing. Buyers often decide in a few seconds whether to click, so clear, bright and accurate pictures are worth the planning.

Photos, video and 3D tours: how to plan

Photos: Ask your agent which photographer they use, how many photos you will get and how the images will be edited. Ask for the unedited originals to be saved.
Video: A short walkthrough can show flow between rooms. Keep it honest, with no digital changes unless they are labeled.
3D tours: These let buyers move through the home on their own. They work best when the home is tidy and well lit, because every room is visible.
Virtual staging: It can help empty rooms feel usable. It must be labeled, and buyers need access to the original photo. Consider real staging for the main rooms if your budget allows.

You can also use photos to support your price. A listing that looks sharp but is overpriced will still sit, which is why I suggest reading how to find out what your home is worth before you set a number.

A practical photo checklist

Finish repairs, cleaning and decluttering first.
Open blinds, turn on lights and put away personal items, medicines and valuables.
Ask your agent what edits your photographer makes and which ones need a label.
Skip any edit that changes structure, views or finishes. Those can mislead buyers and may break MLS rules.
Label virtually staged photos clearly and keep the originals in the listing.
Preview the listing before it goes live and check that each altered image has its disclosure.

This is not a guarantee

Good photos improve your odds of getting showings, but they cannot guarantee a price, a number of offers or a sale date. The law is also new, and enforcement details and MLS tools may change, so your agent should confirm the current rules at the time you list.

Important notice

Important notice: This guide is general information about a California law. It is not legal advice, and I am a REALTOR®, not an attorney. Rules and MLS requirements can change. If you have a question about how a specific photo should be labeled, ask your agent and your broker, or talk with a licensed California real estate attorney.

My advice for San Diego sellers

Ask your agent how photos will be edited and labeled before the shoot.
Keep every edit honest, and label virtual staging clearly.
Book photos after your home is clean, repaired and staged.
Save the unedited originals for buyers who ask.
Review the live listing and make sure every altered photo carries its disclosure.

Call or text me at (619) 402-4614 or send me a message.

Call or text (619) 402-4614 Contact Trevor Landress

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Frequently asked questions

What is California AB 723?

It is a California law, effective January 1, 2026, that requires agents and brokers to disclose when a real estate marketing image has been digitally altered and to give viewers access to the original.

Do I have to disclose virtual staging in my listing photos?

Yes. Adding furniture or decor on screen is a digital alteration, so the photo needs a clear disclosure and buyers need a way to see the original.

Can my photographer still fix lighting and color?

Yes. The law says common adjustments such as lighting, sharpening, white balance, color correction, cropping and straightening are not treated as digitally altered images.

Who is responsible for following AB 723?

The law applies to licensed agents and brokers who advertise property. The San Diego MLS also enforces it through its own rules, so your listing agent handles the labeling.

Are 3D tours and video covered?

The law focuses on images used in marketing, so if a tour or video uses altered images of the property, ask your agent how to label them.

About the author

Trevor Landress is a San Diego REALTOR® with Coldwell Banker West (DRE# 02126901). He was born and raised in San Diego and has been licensed since 2021.

Trevor is part of the Campbell Group, a three-generation real estate team, and he and the Campbell Group consistently rank as a top producing team at Coldwell Banker West each month.

He helps homeowners sell, guides first-time buyers through the home buying process and assists investors with their next acquisition. His work includes negotiating offers, analyzing market trends, building pricing strategies and running marketing campaigns for his listings. He serves clients across San Diego County, from coastal communities like La Jolla, Del Mar and Carlsbad to neighborhoods inland.

He writes these guides to help San Diego buyers and sellers navigate an ever-changing market. To talk through your plans, call or text (619) 402-4614 or contact Trevor Landress.

How I help San Diego home buyers

I walk buyers through each step, from getting pre-approved and touring homes to writing offers, reviewing inspections and getting to the closing table. I explain the numbers in plain English so you know what you are agreeing to before you sign.

How I help San Diego home sellers

I help sellers price their home from recent sold comparables, plan prep and photos, review every offer beyond the price, and keep the sale on track through inspection, appraisal and closing.