WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1) 1 A real estate broker or salespersonReal estate broker or salespersonThe bill does not independently define this term; it relies on the existing Real Estate Law definitions. The obligations apply to "a real estate broker or salesperson, or person acting on their behalf."Bus. & Prof. Code § 10140.8(a)(1), or person acting on their behalf, who includes a digitally altered imageDigitally altered image"Digitally altered image" means an image, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Bus. & Prof. Code § 10140.8(b) in an advertisement or other promotional material for the sale of real property shall include in the advertisement or promotional material a statement disclosing that the image has been altered and a link to a publicly accessible internet website, URL, or QR code that includes, and clearly identifies, the original, unaltered image. The statement shall be reasonably conspicuous and located on or adjacent to the image and shall include language indicating that the unaltered images can be accessed on the linked internet website, URL, or QR code.
(a)(2) 2 If an advertisement or promotional material described in paragraph (1) is posted on an internet website over which the real estate broker or salespersonReal estate broker or salespersonThe bill does not independently define this term; it relies on the existing Real Estate Law definitions. The obligations apply to "a real estate broker or salesperson, or person acting on their behalf."Bus. & Prof. Code § 10140.8(a)(1), or person acting on their behalf, has control, they shall include the unaltered version of the images from which the digitally altered imagesDigitally altered image"Digitally altered image" means an image, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Bus. & Prof. Code § 10140.8(b) were created in the posting. A person subject to this paragraph may comply with this requirement by including a link to a publicly accessible internet website that includes, and clearly identifies, the original, unaltered image. If the real estate broker or salespersonReal estate broker or salespersonThe bill does not independently define this term; it relies on the existing Real Estate Law definitions. The obligations apply to "a real estate broker or salesperson, or person acting on their behalf."Bus. & Prof. Code § 10140.8(a)(1), or person acting on their behalf, complies with this requirement by including a link to the unaltered images, the statement required by paragraph (1) shall include language indicating the unaltered images can be accessed on the linked internet website, URL, or QR code.
(b)(1)–(2) For purposes of this section, "digitally altered imageDigitally altered image"Digitally altered image" means an image, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Bus. & Prof. Code § 10140.8(b)" means an image, created by or at the direction of the real estate broker or salespersonReal estate broker or salespersonThe bill does not independently define this term; it relies on the existing Real Estate Law definitions. The obligations apply to "a real estate broker or salesperson, or person acting on their behalf."Bus. & Prof. Code § 10140.8(a)(1), or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (2) "Digitally altered imageDigitally altered image"Digitally altered image" means an image, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Bus. & Prof. Code § 10140.8(b)" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.
Section 10140.8 imposes two related disclosure obligations on real estate licensees who use digitally altered images — including AI-generated alterations — in property advertisements or promotional materials. Subsection (a)(1) requires a conspicuous on-image disclosure statement plus a link to the original unaltered image for all advertisements. Subsection (a)(2) adds a supplemental requirement for internet-posted materials: the unaltered image must be included directly in the posting or accessible via link. Subsection (b) defines "digitally altered image" broadly to cover AI and photo-editing alterations that add, remove, or change property elements, while carving out routine adjustments like lighting, cropping, and color correction.
The disclosure obligation is triggered by the act of including a digitally altered image in any advertisement or promotional material for the sale of real property. The covered entity is the real estate broker or salesperson, or a person acting on their behalf.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Section 2 is a standard California reimbursement disclaimer stating that no state reimbursement to local agencies is required because any costs arise solely from the creation of a new crime. This provision creates no compliance obligation.