California MLS Laws Are Changing: What Agents, Brokers, and Photographers Need to Know in 2026

The real estate industry is entering a new era of transparency — especially in California. With the rise of AI tools, virtual staging, and digital editing, the state has introduced new rules to ensure buyers see accurate representations of properties. These changes directly affect agents, brokers, and the photographers who support them.

As a real estate media provider serving the Bay Area, Faria Photography is committed to helping clients stay compliant while delivering clean, market‑ready visuals. Here’s what you need to know.

1. California’s New MLS & Advertising Laws (AB 723)

Beginning January 1, 2026, California’s new Assembly Bill 723 (AB 723) goes into effect. This law reshapes how real estate professionals can use digitally altered or AI‑enhanced images in property marketing.

What AB 723 Regulates

The law distinguishes between:

Images That Require Disclosure

Any image that adds, removes, or changes physical elements of a property must be labeled as digitally altered. Examples include:

  • Virtual staging
  • Removing furniture or clutter
  • Changing paint colors or flooring
  • Modifying landscaping
  • Altering views or surroundings
  • AI‑generated enhancements

These edits must be clearly disclosed, and the original, unedited image must be provided alongside the altered one in MLS listings.

Images That Do Not Require Disclosure

Standard photo corrections are still allowed, including:

  • Brightness/exposure adjustments
  • Color correction
  • Straightening
  • Cropping
  • Sharpening

These edits improve clarity but do not change the property itself.

2. How These Laws Affect Agents & Brokers

California MLS organizations — including CRMLS, Bay East, CCAR, and bridgeMLS — enforce strict compliance rules. Under AB 723, agents and brokers must:

✔ Disclose digitally altered images

Any AI‑enhanced or virtually staged photo must be labeled “digitally altered” or “virtually staged.”

✔ Provide original images

The unedited version must appear next to the altered version in MLS listings.

✔ Avoid misleading edits

You cannot change real elements of a property unless the property will match the edited image before close of escrow.

✔ Follow truth‑in‑advertising laws

Misrepresentation — even unintentional — can lead to compliance issues.

✔ Maintain compliance across all advertising

This includes:

  • MLS
  • Flyers
  • Social media
  • Websites
  • Print marketing

Agents and brokers are ultimately responsible for how images are used, not the photographer.

3. Photographer Responsibility: What You Can Expect From Faria Photography

As your media partner, my job is to deliver accurate, high‑quality, MLS‑ready visuals. But it’s important to clarify what falls under my responsibility — and what does not.

What I am responsible for:

  • Producing professional, high‑quality media
  • Delivering clean, natural, true‑to‑life images
  • Avoiding misleading edits
  • Providing virtual staging or digital enhancements only when requested
  • Labeling digitally altered images when applicable
  • Operating drones legally under FAA Part 107

What I am not responsible for:

  • Uploading media to the MLS
  • Ensuring MLS compliance after delivery
  • Managing disclosures on your listing
  • Determining whether your MLS requires additional documentation
  • Fines, penalties, or listing delays caused by improper use of media

MLS rules vary by region, and the listing agent or broker is always the responsible party for compliance.

4. Faria Photography’s Official Policy on MLS Compliance

To protect both you and your listing, here is my clear, written policy:

Faria Photography MLS Compliance Policy

Faria Photography provides licensed media for marketing real estate properties. While I ensure all images are produced ethically and accurately, I am not responsible for MLS compliance, MLS rules, or any violations that may occur when media is uploaded by the client or brokerage.

Clients are solely responsible for:

  • Ensuring all media complies with their MLS rules
  • Properly labeling digitally altered or virtually staged images
  • Uploading original images when required
  • Following California’s AB 723 disclosure requirements
  • Avoiding misleading or non‑compliant use of media

My role is limited to creating and delivering media, not managing MLS submissions or compliance.

5. What This Means for Your Listings Going Forward

California’s new laws aren’t meant to limit creativity — they’re designed to protect buyers and maintain transparency. With the right workflow, compliance is easy:

For Agents & Brokers

  • Use professional photography
  • Avoid altering property features
  • Disclose virtual staging
  • Upload original images when required
  • Ask your MLS if you’re unsure

For Photographers

  • Deliver clean, accurate images
  • Label digitally altered media
  • Avoid misleading edits
  • Communicate clearly with clients

For Buyers

  • Expect more transparency
  • See both original and enhanced images
  • Trust that what you see reflects reality

Final Thoughts

California’s MLS and advertising laws are evolving — and so is the real estate industry. By understanding the rules and working with a photographer who prioritizes accuracy and compliance, agents can protect themselves, elevate their marketing, and build trust with clients.

Faria Photography is here to support you with clean, compliant, and market‑ready media that helps your listings stand out while staying within the law.