In California, virtual staging that adds furniture requires a conspicuous disclosure and public access to the original images, even if walls and fixtures stay unchanged. The duty applies to real estate brokers, salespersons and people acting on their behalf who use covered images to advertise property for sale. Section 10140.8 in DRE’s 2026 law book sets out the requirements.

AB 723 took effect January 1, 2026; DRE’s effective-date table identifies it as Chapter 497 of 2025. This checklist is for California sellers and listing teams approving photographs as of September 2, 2026. The file-management and review steps below are practical recommendations.

Which virtual staging edits require disclosure?

The law covers images created by or at the direction of a licensee or someone acting on their behalf. It reaches changes made with conventional editing software as well as artificial intelligence.

These distinctions come from section 10140.8(b). Calling an edit “color correction” does not settle the question if the result depicts a different paint color.

Obtain the complete image package before approval

Ask the photographer or staging vendor for:

• An original for each altered image. Match the original, unaltered source image to its finished version. Use consistent filenames or image numbers so nobody substitutes another angle.
• A written edit list. Identify what was added, removed or changed, including changes outside the windows. Compare each pair against the property.
• Written delivery and hosting terms. Confirm that the quote includes originals, revisions, disclosure-ready exports and any hosting charges. Specify who maintains access to originals if the vendor relationship ends.

Review these files and terms before approving the finished gallery. Keep the package with your other sale-preparation records; our practical home-selling guides cover the broader process.

Where must disclosures and original images appear?

Advertisements and promotional materials

The alteration statement must be reasonably conspicuous and appear on or adjacent to the image. The advertisement or promotional material must also provide a public website link, URL or QR code leading to a clearly identified original. The statement must tell viewers that the unaltered image is available through that access method. A general notice buried elsewhere does not meet the stated placement requirement. DRE’s Winter 2026 bulletin, page 6

Illustrative wording, paired with a working link: “Digitally altered: virtual furniture added. Use the accompanying link to view the original, unaltered image.” This is suggested wording, not a state-issued form or a guarantee of compliance.

Websites the listing team controls

For a website controlled by the licensee or someone acting on their behalf, the posting must include the unaltered version used to create the edited image. The law expressly permits a link to a public website that clearly identifies the original instead. The disclosure must explain where to access it. DRE’s May 6, 2026 explanation

Displaying both versions can make comparison easier, but the law does not require side-by-side placement. Keep the general disclosure and access requirements above even when you display the original within the gallery.

Check every marketing channel

Review the actual layouts before release, then repeat these checks on the live versions:

• MLS and property websites: Open each altered image and locate its disclosure. Follow the link as a member of the public and confirm that the correct original is clearly identified.
• Syndicated portals: Check each destination separately. If a disclosure or access route is missing, record the public URL and assign someone to obtain a correction.
• Social posts and email: Inspect every crop, carousel image and mobile layout. Confirm that the disclosure remains readable and the stated route to originals works.
• Printed flyers: Check the final print proof. Test any QR code and type any printed URL to verify the destination.

Keep a log showing the channel, image version, review date and person responsible for corrections. Ask the listing team to check the applicable MLS’s image and link rules before uploading.

Withhold approval when the image misleads

An alteration label does not excuse misleading advertising. DRE’s March 17, 2026 advisory says advertising must be truthful and accurate, and AI output requires review. Do not approve an edit that makes unrepaired damage look repaired.

Release the package only after the originals match, disclosures are readable and access works. Ask the responsible broker or a California real estate attorney to resolve uncertain classifications or channel restrictions. Separately review the words describing those pictures using our listing-description fact check.

For related reporting, see our California housing coverage and coverage of AI in housing businesses.