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Understanding California's New Listing Photo Law
As of January 1, 2026, California's Assembly Bill 723 takes effect, reshaping how real estate professionals handle listing photos. This legislation mandates that agents disclose any digital alterations made to images and provide unaltered versions to potential buyers. The law arises from growing discontent among buyers who have been misled by enhanced photos that do not accurately represent properties. The disappointments of being 'catfished' by misleading images have led to a decisive regulatory response aimed at protecting consumer interests.
What Does Assembly Bill 723 Encompass?
AB 723 clearly outlines allowable practices and requirements for photo disclosures. Specifically, if any image used in property listings has been digitally altered, the real estate professional must disclose this fact. Furthermore, unaltered images must be easily accessible, whether via a link, QR code, or directly on the listing. This requirement extends across all platforms where the property might be advertised—MLS systems, social media, property websites, and even virtual tours. One of the significant changes is that the responsibility to disclose lies with real estate professionals and agencies, including agents who choose to photograph properties themselves.
Consequences of Non-Compliance
Ignoring the stipulations of AB 723 carries serious repercussions. The California Department of Real Estate (DRE) has the authority to impose disciplinary actions. Beyond this, real estate professionals face the threat of civil liability. If a buyer makes an offer based on altered images and later finds discrepancies upon viewing the property, they may have grounds for a misrepresentation claim. Given that many buyers, particularly foreign nationals or those relocating, may skip in-person inspections, the likelihood of legal disputes increases significantly.
Common Practices That Require Disclosure
Under the new law, several common editing practices will require disclosure that were previously accepted. These practices include enhancing lighting, adding grass, or digitally staging a home. Any alteration that changes the portrayal of a property must be disclosed unequivocally. Notably, simple adjustments that do not alter the property depiction, such as color corrections, remain exempt from disclosure mandates.
The Importance of Transparency in Real Estate Marketing
This law underscores an essential principle in the real estate market: transparency. Buyers deserve to make informed decisions based on accurate representations. It helps restore trust in a sector often scrutinized for lack of accountability. As real estate agents adapt to this law, they have an opportunity to elevate their marketing practices, ensuring that honesty prevails. Implementing rigorous checks before listing can help avoid future disputes.
Looking Ahead: Future Trends in Real Estate Marketing
As the industry moves toward greater transparency, we might witness a shift in customer expectations and marketing strategies. Agents may need to adopt best practices such as maintaining a catalog of unaltered images and using technology that highlights authenticity. Tools that facilitate honest representation will likely gain popularity, emphasizing the need for ongoing education in real estate marketing.
Final Thoughts on the New Law
As AB 723 sets a new standard in California, real estate agents must prepare for the changes ahead. Adequate training in compliance and ethical marketing is paramount. This not only protects agents but fosters a trusting relationship with clients—leading to sustainable success in the competitive California market.
Educate yourself on your responsibilities under the new law. Keep up with training sessions and seek guidance on best practices in digital marketing. The evolving landscape of real estate calls for proactive measures to adapt to these changes.
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