do I have to disclose if I used ai to fix up my listing photos?

Hello Austin, Yes, you need to disclose, but you do not need to post the original photo alongside it. Basic touch ups like brightness and color are fine. Removing a neighboring structure and adding a lawn that does not exist crosses into misrepresentation territory. A buyer will show up expecting something different from what they saw online, and that is where liability lives. Simply note that images have been virtually enhanced and consider whether the edit is worth the risk. A clean, honest photo will always hold up better than a beautiful one that sets the wrong expectations.

You heard right, Austin, the law is real. It is called AB 723 and it took effect January 1, 2026, and the short answer is yes, both of the edits you described need to be disclosed. This is not just for structural changes. AB 723 covers any digitally altered image that changes how the property or its surroundings actually look. Removing the neighbor's house from the background and adding a virtual lawn are both squarely in that category, because a buyer standing in your yard will see something different than what was online. What the law requires: 1. A clear, reasonably conspicuous disclosure on the listing that the image has been digitally altered (labels like "digitally altered" or "virtually staged"). 2. Access to the original, unaltered photo. When AI is used, that means a link, URL, or QR code where the original image can be viewed. Many California MLSs have gone further, CRMLS for example now requires the original photo to be included in the listing next to the enhanced one. What does NOT need disclosure: routine touch-ups like brightness, exposure, and color correction. Those are fine, no label needed. So yes, the "original ugly photo" has to be available to buyers, and depending on your MLS, posted right alongside the nice one. Now the practical side, from someone who sells homes for a living here in Southern California: I would skip the neighbor-house removal entirely, disclosure or not. Buyers drive by before they write offers. When the street does not match the photos, you do not just lose that buyer, you lose their trust, and deals die over lost trust far more often than over a messy house next door. The virtual lawn is more defensible because staging shows potential rather than hiding a permanent condition, just label it and include the original. My suggestion: do a real cleanup of everything on your side of the fence, have the yard shot from its most flattering true angle, and save the AI for disclosed virtual staging inside the house. Quick disclaimer, I am a real estate professional, not an attorney, so have your agent or a real estate attorney confirm how AB 723 applies to your exact photos before the listing goes live. Happy to answer follow-ups right here. Zoltan

I always tell clients, if the photos seems like they are meant to deceive, you probably have done something wrong.

This is a great question, and it's one that sellers and agents are dealing with more frequently as AI editing tools become more common. In general, listing photos should accurately represent the property and not mislead buyers about its condition, features, or surroundings. Minor edits such as adjusting brightness, correcting color, or removing temporary clutter are typically viewed differently than edits that materially change what a buyer would see in person. Based on your example, removing a neighboring house from the background and adding a virtual lawn could potentially be viewed as more than a simple cosmetic enhancement because it changes features and conditions that may influence a buyer's perception of the property. Rather than focusing on whether a specific 2026 law requires disclosure in every circumstance, I would focus on a broader principle: avoid marketing that could reasonably mislead a buyer about the property's actual condition or surroundings. Before publishing the photos, I would discuss them with your real estate agent and brokerage. Many brokerages now have policies regarding AI-generated and virtually enhanced images, including when disclosures should be included and what types of edits are considered acceptable. As a practical matter: • Basic photo enhancements are generally less concerning. • Virtual staging is often permitted when clearly identified as such. • Altering permanent features, views, lot characteristics, or neighboring properties creates greater risk. • Marketing materials should accurately reflect what a buyer will find during a showing. When in doubt, transparency is usually the safest approach. The goal is to attract buyers—not create disappointment or disputes when they arrive and discover that important aspects of the property or neighborhood were digitally changed. If you're working with an agent in California, I'd strongly recommend following your brokerage's guidance and ensuring that any enhanced images remain an accurate representation of the property.

Short answer, yes, you need to be careful. In California it’s not about banning edits, it’s about not misleading buyers. Basic edits like lighting, color, and cleanup are fine. But removing a neighbor’s house or adding a lawn that doesn’t exist can be seen as misrepresentation. That’s where you get into trouble. You don’t have to post the original photo next to it, but you should disclose that the image was enhanced or virtually modified. Simple rule. If a buyer would feel misled when they see it in person, either don’t edit it that way or make it clear.

Yes, if AI was used to alter or enhance listing photos in a way that misrepresents the actual condition of the home. Florida disclosure law and the MLS rules both require the photos to accurately reflect the property. Light retouching is fine. Virtual staging and AI-enhanced images need a disclaimer. In Hernando County, Spring Hill, and across the Nature Coast, the standard practice my team follows: any AI-staged or virtually staged photo is labeled "Virtually Staged" in the caption, and the original empty-room photo is included in the set. That is what the MLS expects, and it is what keeps buyers from filing complaints post-inspection. What to avoid on a Hernando County listing: AI removing a power line, hiding a neighbor roof, or smoothing a cracked driveway. That crosses from enhancement into misrepresentation, which is where Johnson v. Davis disclosure risk and MLS violations both live. Transparency keeps you out of trouble. A labeled virtual stage still sells the room. -- Kevin Neely & Kaitlynd Robbins | K2 Sells

You must disclose if AI was used to alter the "material reality" of the home, such as removing a nearby power line or adding a window that doesn't exist. Starting in 2026, many states (led by California) have enacted laws making the failure to disclose AI-altered property photos a matter of misrepresentation and potential fraud. If you used AI for "Virtual Staging" (adding furniture) or "Sky Swaps," simply add a clear disclaimer in the listing notes: "Some photos have been digitally enhanced for staging purposes."

If you're selling a home in California, you may be wondering whether you have to disclose that your listing photos were edited with AI or digital tools. Under California's 2026 rules, the answer is generally yes if the edits materially change how the property or its surroundings appear. Cosmetic enhancements such as adjusting brightness, contrast, color, cropping, or correcting lens distortion are typically acceptable because they do not change the actual home. However, using AI to remove a neighboring house, add a virtual lawn, erase visible damage, change views, or add features that do not exist can create a misleading impression and may require disclosure. Depending on the type of alteration and where the property is marketed, you may also need to make the original image available or display it alongside the edited version in accordance with your MLS or brokerage policies. The safest approach is to use AI to enhance image quality rather than alter material features, helping your listing remain compliant while building trust with potential buyers.

Great question — this comes down less to “did you use AI” and more to whether the photos could be considered misleading about the actual property or surroundings. 🏡 Basic edits like lighting correction or light enhancement are generally common in real estate marketing. ⚠️ But changes that alter reality (like removing neighboring homes or adding features that don’t exist) can raise compliance issues depending on MLS rules and how the listing is presented. 💡 Best practice is to clearly label heavily edited or virtually enhanced images and make sure buyers still understand the true condition and setting of the home. That said, this isn’t legal advice — rules can vary by MLS and broker, so it’s always best to confirm with your broker or local MLS guidelines in Ventura County. 🏡

What you are describing goes beyond basic photo editing and that distinction matters a lot here. Adjusting brightness, correcting colors, or removing a trash can from a driveway is standard practice and nobody is coming after you for that. Removing a neighboring structure from the background and adding a lawn that does not exist are material alterations that change what a buyer believes they are looking at when they pull up your listing. California has been moving aggressively on AI disclosure requirements and the real estate context is no exception. The concern regulators and courts have focused on is whether an altered image creates a false impression of the property or its surroundings. Removing a neighbor's house from the background absolutely qualifies. A buyer making an offer based on photos has a reasonable expectation that what they see reflects reality. If they show up to tour the home and the neighbor's house is right there, that is a material discrepancy. You do not necessarily have to post the original photo alongside the altered one in every case, but you do need to clearly label digitally altered images as such and the alterations themselves need to stay within what California and your MLS consider acceptable. Virtual staging of empty interiors is generally fine with proper disclosure. Removing existing structures or adding landscaping that does not exist is a different category entirely. The practical risk here is not just regulatory. If a buyer later argues they were misled by the listing photos it opens the door to a misrepresentation claim that is much more expensive than the disclosure conversation. Talk to your agent and your broker about what your specific MLS requires and get the disclosure language right before the listing goes live.

Yes. Based on the edits you described, California's 2026 law would likely require disclosure. Removing a neighboring house from the photo and adding a virtual lawn are considered material changes to what buyers see, not just basic photo enhancements. The law generally requires two things: a clear disclosure that the image was digitally altered and a way for buyers to access the original, unedited photo (such as a link, URL, or QR code). It isn't limited to structural changes. Changes to landscaping, views, and neighboring properties are specifically covered. Basic edits like brightness, color correction, and cropping are still fine without disclosure. So, for the examples you gave, I would assume disclosure is required and check with your broker or local MLS on the exact compliance process.

Yes, the law you’re hearing about is real, California Assembly Bill 723 requires you to disclose when listing photos are digitally altered in a way that changes reality, not just basic edits like lighting or color. Edits like removing nearby structures or enhancing landscaping are generally considered changes that affect how the property is presented, so they fall into the category that requires disclosure. You don’t necessarily have to show the original photo side by side, but you do need to clearly disclose the edit and make the original image available, otherwise you’re not in compliance.

Short answer: yes, you do have to disclose—and your example absolutely counts. Under California’s new law (AB 723, effective Jan 1, 2026), if you use AI or editing to remove a neighboring house or add a lawn, that is considered a “digitally altered image” because you changed real-world elements visible from the property. And it’s not just a disclaimer—you also need to provide access to the original, unedited photo (either in the listing itself or via a link/QR code). You don’t necessarily have to display the “ugly” photo side-by-side, but buyers must be able to easily view it, and the altered image needs a clear disclosure—this rule specifically targets edits like yours, not basic lighting or color correction.

Yes, I would be very careful with that. Basic photo cleanup like brightness, cropping, color correction, or straightening is one thing. But removing a messy neighboring house or adding a lawn that is not really there can cross into misleading the buyer, especially in California. The safest approach is to show the property accurately. If an image is digitally altered, it should be clearly labeled, and the original version should be available wherever required by your MLS or state rules. I would not use an edited photo that makes the view, yard, neighboring property, or condition look materially different from reality. Buyers are going to see the home in person eventually, and if the photos feel deceptive, that can damage trust fast. Before listing, I would ask your agent, broker, or local MLS exactly what their rule requires. But as a general rule, do not use AI to hide something a buyer will care about. Austin Moore Austin Moore & Company Real Estate Realtor in Longview, Texas

The issue isn’t using AI, it’s whether the photos still represent the property accurately. I use editing all the time in listings, cleaning up lighting, minor touch-ups, even virtual staging. That’s pretty standard. Where it becomes a problem is when you start changing things that materially alter what a buyer is actually going to see in person. Removing a neighboring house or adding a lawn that doesn’t exist falls into that category. At that point, you’re not just enhancing the photo, you’re changing reality. And that’s where disclosure comes in. With the newer rules, especially in places like California, there’s a bigger push for transparency. If an image has been significantly altered, you should be disclosing that and making sure buyers aren’t misled. From a practical standpoint, I always tell sellers this, your photos are there to get buyers in the door, but they still have to match what they see when they show up. If there’s a gap between the two, you lose trust right away, and that can hurt your chances of getting a strong offer. So yes, you can absolutely use AI, but for me, the line is simple, enhance the home, don’t misrepresent it.

Not usually. In California, basic edits like lighting, color correction, or removing small distractions generally don’t require disclosure. However, if AI changes or adds features that could mislead buyers about the property’s condition or layout, those edits should not be used. Listing photos should always accurately represent the home.

Hello Austin, I'd be careful with this. Beginning in 2026, California has new disclosure requirements for certain digitally altered and AI-generated listing images. The goal is to prevent buyers from being misled about a property's actual condition or surroundings. Based on what you described, removing a messy neighboring house from the background and adding a virtual lawn are both material visual alterations. Those edits change what a buyer sees and could influence their impression of the property. In that situation, simply using AI isn't the issue—the issue is that the images no longer accurately represent the property as it exists. Whether you must post the original photo alongside the edited one depends on how the images are used and the specific requirements of the law and MLS rules that apply to your listing. The disclosure requirements are not limited only to structural changes. Alterations to landscaping, views, neighboring properties, or other significant visual features can also require disclosure because they may affect a buyer's expectations. As a best practice, I would: * Clearly disclose that the photos have been digitally enhanced or virtually staged. * Avoid removing or adding features that could misrepresent the property or its surroundings without an appropriate disclosure. * Follow your MLS's photo and virtual staging rules, which may be stricter than state law. * If you're unsure whether your edits trigger the requirement to provide the original image or additional disclosures, check with your broker or a California real estate attorney before publishing the listing. The safest approach is to assume that edits affecting a property's appearance, landscaping, or surrounding environment should be disclosed rather than treated as simple cosmetic touch-ups.

Hey Auston! Yes. In California, if AI or digital editing materially changes what buyers see, you generally need to disclose it. Removing a neighboring house or adding a virtual lawn can create a misleading impression, so those edits should be clearly identified as digitally altered. You don't necessarily have to post the original photo alongside the edited one. The key is making sure the edited images are labeled appropriately and don't misrepresent the property's actual condition or surroundings. Minor edits like brightness, color correction, or cropping typically don't require disclosure. When in doubt, keep your marketing transparent. It protects you, your seller, and helps build buyer trust. Thinking about buying or selling in Southern California? Feel free to reach out—I'm happy to answer your real estate questions and help you navigate the process with confidence. Diya Sarin | DRE 02095684 📞 818.799.7230 📧 [email protected] 🌐 diyasellsla.com IG: diyasellsla

Yes—based on the current guidance, if your photos have been digitally altered in a way that could impact a buyer’s perception of the property, you do need to disclose that. In many cases, that means providing the original, unedited image as well. A practical way to handle this is to include the original photo toward the end of your listing photos, so you’re staying compliant without taking away from the overall presentation upfront. The key point is transparency—especially when edits involve things like removing neighboring structures or adding features like a virtual lawn, which could influence how a buyer views the property.

The honest answer is yes. It's great that you are able to show the buyer the potential, but you do have to show them what the home really looks like. Some buyers may not want to do work, or they don't have the budget to make repairs and updates. It would be considered false advertising.

Your realtor is required to post alterations and originals using AI. However, look at the positive side... they will know potential but not have disappointment when they view the home in person.

Just make sure the photos represent the listing appropriately and long as the edits are truthful and don't misrepresent the property. However, you should not use AI to add or remove permanent features, hide damage, or make the home appear different than it actually is. Misleading images could create legal or ethical issues. When in doubt, keep your photos accurate and representative of the property's current condition. Ripsime Ter-Galstyan DRE 02374450

Short answer: yes… but don’t panic. California is getting stricter about transparency, especially with AI and digitally altered images. If you’re removing or adding things—like a neighbor’s house or a lawn—you’re crossing into “material alteration,” not just basic editing. The goal is to make sure buyers aren’t misled about what actually exists. That doesn’t mean you need to showcase the world’s ugliest photo front and center, but you do need to be clear that images have been enhanced or modified. Think of it as: market the home beautifully, just don’t create a version that doesn’t exist in real life.

Great question, and yes — this law is real, and based on what you described, it likely applies to your edits. The law: California AB 723, effective January 1, 2026. It added Section 10140.8 to California's Business and Professions Code, requiring a broker or salesperson who uses a digitally altered image in an ad or promotional piece to include a disclosure statement placed on or right next to the image, along with a link, URL, or QR code leading to the original, unaltered photo. Kristamashore So does your specific edit count? Under the law, a digitally altered image is any image edited using photo software or AI to add, remove, or change elements of the property, and the law distinguishes between acceptable standard edits (like white balance and exposure) and alterations that change the representation of the property (like adding grass, removing wires, or virtual staging). Open-homes You mentioned two specific edits: Removing the messy neighbor's house from the background — this changes what's visible in the surroundings, which is exactly the type of edit the law is targeting Adding a virtual lawn — this directly matches the law's own example of the kind of edit requiring disclosure Both of these go beyond basic touch-ups like brightness or color correction, so yes, you'd want to disclose them. To answer your specific question about the "ugly" original photo: you don't need to post the unedited photo directly next to the nice one in the listing itself. What the law actually requires is a "reasonably conspicuous" statement disclosing that the image has been altered, plus a link, URL, or QR code that leads to the original, unaltered image — so buyers can access it if they want, but it doesn't have to be front and center competing with your best shot. The MortgagePoint - This isn't just for structural changes — it's broader than that. The law's language is intentionally broad, and enforcement bodies are treating background/surrounding changes (not just changes to the house itself) as covered. So no, this isn't limited to things like "removed a wall" — landscaping, backgrounds, and surroundings all count. A few practical next steps: Loop in your listing agent or brokerage — many brokerages now have their own policies about what edits require disclosure and how to format it, and they'll likely have a standard disclosure template ready to go Kristamashore Keep your original, unedited photos saved and accessible — you'll need them for the link/QR code requirement When in doubt, disclose. CRMLS has already updated its rules to match AB 723, and the safest path when there's uncertainty about whether something counts as an alteration is to treat it as digitally altered and disclose it Pfar Yyes, disclose it. It's a quick label and a link to your original photo — a small step that protects you from bigger headaches (potential Department of Real Estate complaints or buyer disputes) down the line.

Yes!

Yes, the new law is in effect. AB723 required disclosure and noting the edits in the photos if the "real world" features/items were altered. Also, access to or posting side by side the original vs edited version.

yes if using AI it does need to be disclosed especially if it alters the reality of the property

It's been my experience that disclose, disclose, disclose is the best practice in real estate. It is better to have one picture vacant with one showing furniture using AI..

Yes — California did pass a new law that went into effect in 2026 regarding AI-edited and digitally altered listing photos. Based on what you described, removing a neighboring house from the background and adding a virtual lawn would likely fall under the type of edits that should be disclosed because they change how the property or surroundings are being represented. ([Pasadena-Foothills REALTORS®][1]) The law is mainly focused on edits that could materially affect a buyer’s perception of the property — things like: • Virtual staging • Added landscaping • Removing defects or neighboring features • Changing views or exterior surroundings • AI-generated enhancements Basic edits like brightness, color correction, straightening, or sky enhancements generally do not require disclosure. ([San Francisco Chronicle][2]) As for posting the original image: under the current California rules, if the image was materially altered, the original unedited version generally needs to be available alongside the edited version, or accessible through a link/QR code depending on the platform and MLS requirements. ([Pasadena-Foothills REALTORS®][1]) The good news is virtual enhancements are still absolutely allowed — California is really just pushing transparency so buyers are not misled about the actual condition or surroundings of the property. [1]: https://pfar.org/californias-new-altered-image-law-ab-723-what-real-estate-pros-need-to-know-starting-january-1st-2026/?utm_source=chatgpt.com "California's New Altered Image Law (AB 723)" [2]: https://www.sfchronicle.com/realestate/article/california-law-home-listing-photos-21308040.php?utm_source=chatgpt.com "New California law means big changes for photos of homes in real estate listings"

Hello Austin, yes, under California’s 2026 rules you do need to disclose when listing photos are digitally edited or AI‑enhanced. If you clean up a yard, add a virtual lawn, or remove a neighboring home from the background, you have to clearly mark that image as ‘digitally altered’ and make sure the original, unedited photo is also available for buyers to see.”