California AB 723 and Digital Alteration Disclosures

California Business and Professions Code 10140.8 (AB 723) requires licensed real estate professionals to disclose when digital images of a property have been materially altered. Photography by Alex Chuzhoy structures image delivery to ensure agents can seamlessly meet these legal obligations.

What is AB 723?

The law mandates that any digitally altered real estate image must feature a reasonably conspicuous disclosure label. Agents must also provide the public with a link or QR code to view the original, unaltered photograph.

What counts as a material alteration?

An alteration is material if it changes the physical characteristics or apparent condition of the property. Examples include:

• Virtual staging, including adding or removing furniture.

• Sky replacements or twilight conversions.

• Removing permanent physical structures, power lines, or neighborhood features.

• Altering landscaping, exterior paint colors, or interior finishes.

• Repairing visual damage digitally.

   

What is exempt from disclosure?

Standard photographic editing techniques that do not misrepresent the physical property are exempt. These include:

• Color correction and white balance adjustments.

• Exposure and lighting enhancements.

• Cropping, resizing, and aspect ratio adjustments.

• Straightening vertical lines or correcting lens distortion.

   

How does Photography by Alex Chuzhoy handle altered images?

When a requested service involves material digital alterations, we provide two deliverables to guarantee compliance:

1. Labeled Images: We apply a conspicuous disclosure label directly to the altered image file prior to delivery.

2. Original Assets: We deliver the exact, unaltered original photograph in a separate folder alongside the modified files.

    

What is the agent's responsibility?

Agents are responsible for uploading the labeled images to the MLS and using them in marketing materials. Agents must also host the provided unaltered images and supply the required public link or QR code in their listings to satisfy state regulations.