California AB 723 and virtual staging: what every listing photo needs

What the law says

AB 723 (Chapter 497, Statutes of 2025) added Section 10140.8 to the Business and Professions Code (BPC §10140.8). A broker or salesperson, or someone acting for them, who uses a digitally altered image in an ad or promotional material for the sale of real property must include:

• a statement that the image has been altered, “reasonably conspicuous and located on or adjacent to the image”; and
• “a link to a publicly accessible internet website, URL, or QR code that includes, and clearly identifies, the original, unaltered image”, with wording that tells viewers the unaltered images are at that link. (§10140.8(a)(1))

On websites the agent controls, the unaltered version goes in the posting, or a link to a public page showing it. (§10140.8(a)(2))

What counts as altered: adding, removing or changing elements such as fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and things outside or visible from the property. What does not: lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure and similar edits that do not change how the property is represented. (§10140.8(b))

What CRMLS Rule 11.5.2 adds for MLS listings

CRMLS subscribers who submit a digitally altered image must (i) submit the original, (ii) display it “immediately before or after” the altered image, and (iii) label the altered image “Photo Modified”, “Virtually Staged”, “Digitally Altered”, “AI Altered” or a similar accurate term in the photo's text field (CRMLS FAQ).

CRMLS also says a watermark is not required by the rule (the label goes in the image description), and that real property elements such as flooring, walls, paint and landscaping may not be altered at all unless the property will be improved to match by close.

How Virtual Stage Now covers it

Suggested listing-remark wording: “Photo virtually staged. The original, unaltered photo is available at [link / QR code].”

• “Virtually Staged” badge in the corner of the MLS version, placed on the image itself. Pair it with the original-photo link below to cover both parts of §10140.8.
• Original + staged pair in MLS order: 01a_original.jpg, 01b_staged.jpg, so the original sits right before the staged photo when you upload.
• Public original-photo link and QR code for each unlocked photo, created when you click the link button, on a page that clearly identifies the unaltered image, ready for flyers, brochures and listing remarks.
• Furniture and decor only, by instruction. The tool is told to add or change only movable furniture and decor and to keep walls, floors, windows, fixtures and the view as photographed. Before you publish, compare every staged image with its original; if a wall, floor, fixture or window changed, don't use it.

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FAQ

Does AB 723 apply outside the MLS?

Yes. It covers advertisements and other promotional material for the sale of real property, not only MLS entries. (BPC §10140.8)

Is brightening a photo "digitally altered"?

No. Lighting, exposure, color correction, cropping and straightening are excluded. (BPC §10140.8 (b)(2); CRMLS FAQ)

Do I need a watermark for CRMLS?

CRMLS says no; the label goes in the photo's text field. For ads outside the MLS, §10140.8 asks for a statement on or next to the image that also says where the unaltered image can be viewed. Use the badge together with the listing-remark wording above. (CRMLS FAQ; BPC §10140.8)

Summarized from BPC §10140.8 and the CRMLS FAQ, last checked 2026-10-30. MLS rules are updated periodically; see your MLS for its current version. For your own listing, check with your broker or the California DRE.

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