Do I have to disclose virtually staged photos?

Yes. Virtually staged and digitally altered listing photographs must be disclosed. The REALTOR Code of Ethics requires a true picture in advertising, most MLSs require a label on the image or a note in the remarks, and in California it is a statutory requirement.

What does California AB 723 require?

Since 1 January 2026, a broker or salesperson, or someone acting on their behalf, who uses a digitally altered image to advertise a property for sale must include a reasonably conspicuous statement on or adjacent to the image saying it has been altered, plus a link, URL or QR code to a publicly accessible site clearly identifying the original unaltered image.

Is a watermark enough?

Not in California. The statute also requires a route to the original unaltered image and requires the disclosure statement to say the originals can be accessed there. A watermark alone satisfies many MLS rules but not the California requirement.

Does day-to-dusk conversion need to be disclosed?

Yes. Replacing the sky and lighting the windows changes elements of the image, so it is a digitally altered image and carries the same obligation as virtual staging.

Can I remove a power line or a neighbouring house from a listing photo?

No. Those are permanent facts about the location, and California's definition names streetlights, utility poles, views through windows and neighbouring properties specifically. Disclosure does not make that kind of edit acceptable.

AvonyaLabs › Virtual staging disclosure: what the rules actually say

Virtual staging disclosure: what the rules actually say

Three layers of obligation, one of them now statutory. Here is each of them, in the words of the source.

If a listing photograph has been digitally altered, buyers have to be told. That principle is now expressed in three separate places — the REALTOR® Code of Ethics, individual MLS photo rules, and, in a growing number of states, statute. They overlap, but they are not identical, and the strictest one that applies to you is the one that governs.

This page sets out what each layer actually requires, in the words of the source. It is written so an agent, a broker or a photographer can act on it. It is not legal advice — for a specific listing, ask your broker or your association.

What counts as a digitally altered image

California's definition is the most explicit currently in force, and it is a useful working standard even outside California. Under Business and Professions Code section 10140.8, a digitally altered image is one that has been changed using photo editing software or artificial intelligence to add, remove, or change elements in the image, including:

fixtures, furniture, appliances, flooring, walls and paint colour
hardscape, landscape and the facade
floor plans
elements outside the property or visible from it — streetlights, utility poles, views through windows, and neighbouring properties

The statute also says what does not count. An image is not "digitally altered" where only lighting, sharpening, white balance, colour correction, angle, straightening, cropping, exposure, or other common photo editing adjustments have been made that do not change the representation of the property.

The practical test Did the edit change what the property is, or only how well the photograph reproduces it? Straightening verticals and correcting white balance are the second kind. Adding furniture, replacing the sky, greening the lawn, removing a car, or converting day to dusk are all the first kind, and all require disclosure.

Layer one: the REALTOR® Code of Ethics

Article 12 requires that REALTORS® "be honest and truthful in their real estate communications and present a true picture in their advertising, marketing, and other representations." Standard of Practice 12-8 extends that obligation explicitly to information presented on a REALTOR®'s own website.

A staged photograph presented without any indication that it is staged is not a true picture of a vacant room. This is the layer that applies to every REALTOR® in the country regardless of state law, and it is enforced through the association's own disciplinary process.

Layer two: your MLS

Each MLS publishes its own photo rules, and they vary more than people expect. Requirements you will encounter include:

a visible label or watermark reading "Virtually Staged" on the image itself
a note in the photo caption identifying the altered images
a disclosure line within the public listing remarks
the unaltered original uploaded alongside the staged version
limits on which photo may be the primary or lead image

Because the rules differ, the only safe approach is to read your own MLS's photo policy rather than assume. What satisfies one board can be a violation in the next county. Where a rule is ambiguous, doing all of the above satisfies effectively every published rule set we are aware of.

Layer three: state law

California — AB 723, in force since 1 January 2026

California went furthest. Assembly Bill 723 (Pellerin), Chapter 497 of 2025, was approved by the Governor on 10 October 2025 and added section 10140.8 to the Business and Professions Code. It applies to a real estate broker or salesperson, or a person acting on their behalf — which includes the photographer and the marketing company.

Where a digitally altered image is used in an advertisement or other promotional material for the sale of real property, the statute requires both of the following:

A disclosure statement. It must say the image has been altered, it must be "reasonably conspicuous", and it must be located on or adjacent to the image.
A route to the original. A link to a publicly accessible website, a URL, or a QR code that includes and clearly identifies the original, unaltered image — and the disclosure statement must itself say that the unaltered images can be accessed there.

There is a further requirement for your own website. If the advertisement is posted on a site the broker, salesperson or their agent controls, the unaltered versions of the images must be included in that posting — or a link to a publicly accessible site that includes and clearly identifies them.

Why the second requirement catches people out Most agents already label staged photos. Far fewer publish the originals. AB 723 requires that a buyer can actually reach the unaltered photograph, and requires the label to tell them so. A watermark on its own does not satisfy the California statute.

Violation of the Real Estate Law is a criminal matter in California: the legislative digest for AB 723 records that the bill "would impose new requirements on real estate licensees, the violation of which is a crime." Treat it accordingly.

Other states

Most states have no statute specific to digitally altered listing photographs, and instead reach the same result through general real estate advertising and consumer protection rules that prohibit misleading advertising. That is a lower bar in form but not in substance — a misleading photograph is actionable in every state. Several legislatures have taken up California-style bills; if you practise outside California, check your own commission's advertising guidance each licence cycle.

How to disclose, in practice

The following satisfies the Code, effectively every MLS rule we are aware of, and the California statute. It takes about a minute per listing.

Label the image itself. A caption or watermark on each altered photo reading "Virtually staged" or "Digitally enhanced". Not buried in fine print, and not only in a document a buyer has to open.
Say where the originals are. On or beside the image: "Digitally enhanced. Original photographs at [link or QR code]." That sentence is what turns a label into compliance in California.
Publish the originals. A public gallery, a folder, or a page on your own site that clearly identifies which image is the unaltered version of which.
Add a line to the listing remarks. "Photos 3, 5 and 8 are virtually staged." Costs you nothing and answers the question before it is asked.
Keep the originals. Not just for the buyer — for you, if the alteration is ever questioned after closing.

What must never be altered at all

Disclosure makes an alteration honest. It does not make every alteration acceptable. No label cures an edit that hides something a buyer needed to know:

damage of any kind — cracks, water stains, rot, rust, mould, missing shingles
the structure of the building: walls, windows, doors, rooflines, permanent fixtures
permanent features of the location — power lines, a road, a neighbouring building, the view
wear that a buyer would price

The distinction is between conditions that change on their own and conditions that do not. Weather changes; the grass is green again in April. A crack in the render is a fact about the house. Edits of the first kind are presentation. Edits of the second kind are misrepresentation, and they are the ones that survive to closing and become claims.

How AvonyaLabs handles this The engine is built not to alter the structure of a property, and every result is independently checked against the original photograph. A result that changed the building is rejected rather than returned. Your uploads stay private to your account and are never published by us — but you can download the unaltered original back at any time, free, from the same screen as the staged version. That unedited file is the one you publish or link to, and the one that answers the question if an alteration is ever challenged.

A disclosure line you can copy

On or beside each altered photo:
Digitally enhanced — virtually staged. The original, unaltered photographs are available at [your URL or QR code].

In the listing remarks:
Some photographs of this property have been digitally enhanced or virtually staged and do not show the current physical condition of the rooms. Original unaltered photographs are available at [your URL or QR code].

Sources

California Assembly Bill 723 (Pellerin), Chapter 497, Statutes of 2025 — adds Business and Professions Code § 10140.8. Full bill text, California Legislative Information
National Association of REALTORS®, Code of Ethics and Standards of Practice — Article 12 and Standard of Practice 12-8. nar.realtor
Your own MLS's photo and advertising policy, and your state real estate commission's advertising guidance.

Last reviewed 30 August 2026. This page is general information, not legal advice.

Frequently asked questions

Do I have to disclose virtually staged photos?: Yes. Virtually staged and digitally altered listing photographs must be disclosed. The REALTOR Code of Ethics requires a true picture in advertising, most MLSs require a label on the image or a note in the remarks, and in California it is a statutory requirement.
What does California AB 723 require?: Since 1 January 2026, a broker or salesperson, or someone acting on their behalf, who uses a digitally altered image to advertise a property for sale must include a reasonably conspicuous statement on or adjacent to the image saying it has been altered, plus a link, URL or QR code to a publicly accessible site clearly identifying the original unaltered image.
What counts as a digitally altered image?: Any change made with photo editing software or AI that adds, removes or alters elements — furniture, fixtures, appliances, flooring, walls, paint colour, hardscape, landscape, facade, floor plans, and things outside the property such as streetlights, utility poles, views through windows and neighbouring buildings.
Is colour correction a digital alteration?: No. California's statute expressly excludes lighting, sharpening, white balance, colour correction, angle, straightening, cropping, exposure and other common adjustments that do not change the representation of the property.
Is a watermark enough?: Not in California. The statute also requires a route to the original unaltered image and requires the disclosure statement to say the originals can be accessed there. A watermark alone satisfies many MLS rules but not the California requirement.
Does day-to-dusk conversion need to be disclosed?: Yes. Replacing the sky and lighting the windows changes elements of the image, so it is a digitally altered image and carries the same obligation as virtual staging.
Can I remove a power line or a neighbouring house from a listing photo?: No. Those are permanent facts about the location, and California's definition names streetlights, utility poles, views through windows and neighbouring properties specifically. Disclosure does not make that kind of edit acceptable.
Who is responsible — the agent or the photographer?: The legal duty in California falls on the broker or salesperson, and on any person acting on their behalf, which includes the photographer or marketing company. In practice both should document what was altered.

Enhance the photo. Keep the original.

Every upload stays private to your account, and the unaltered original is always downloadable free alongside the enhanced version — so you can disclose properly without hunting for the file you shot.

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