Compliance guide for real estate professionals
Effective January 1, 2026, California Business and Professions Code §10140.8 specifically regulates digitally altered images used by real estate brokers, salespersons, or persons acting on their behalf in advertising or promotional material for the sale of real property. A reasonably conspicuous disclosure must appear on or adjacent to the altered image and provide a public URL, link, or QR code to the clearly identified original image. On websites controlled by the advertiser, the original must be included or linked. The definition covers adding, removing, or changing furniture, fixtures, walls, flooring, landscaping, views, neighboring properties, and similar elements; ordinary corrections that do not change the property's representation are excluded.
A willful violation of California's Real Estate Law may be criminal, and the Department of Real Estate may pursue license discipline where applicable. Misrepresentation can also create civil exposure. The outcome depends on the facts and enforcement route; the statute does not assign an automatic fine to every altered image.
For covered sale advertising, include a reasonably conspicuous statement that the image was altered. The statement must also explain that the original can be accessed through the accompanying public URL, link, or QR code.
A visible 'Digitally Altered' or 'Virtually Staged' label can form part of the required statement, but a watermark alone is not enough: covered advertising must also provide access to the clearly identified original image.
Use listing remarks as a supplementary disclosure, but do not rely on remarks alone. Section 10140.8 requires the statement on or adjacent to each covered altered image.
Include the original image on a controlled website or link to a public page that includes and clearly identifies it. Preserve the relationship between each altered image and its original.
California's high-value markets (LA, SF Bay Area, San Diego) attract sophisticated buyers and investors who may pursue legal action if they feel misled. Higher stakes mean higher compliance standards—consider having your broker review virtual staging before publication on properties above $2M.
Keep records of what was staged, which original images exist, and where disclosures were made. If the DRE investigates a complaint or you face civil litigation, comprehensive documentation demonstrates good faith compliance.
“This image has been digitally altered. View the original, unaltered image at: [PUBLIC URL OR QR CODE].”
“Digitally altered image. The clearly identified original image is included with this posting or available at: [PUBLIC URL].”
“Some images have been digitally altered or virtually staged. Required image-level disclosures and links to the original images appear on or adjacent to those images.”
“DIGITALLY ALTERED – Original image: [PUBLIC URL/QR]”
Official statutes, regulator guidance, and board or MLS materials were reviewed July 23, 2026. Board rules are not statewide law, and recommended practices are identified separately above. Verify current local requirements before publishing.
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