State-specific compliance
AI-disclosure law for real-estate marketing is evolving. Below is where things stand, by state, as of 20 May 2026. Six states have specific positions — only California has an AI-specific image statute in effect today. The remaining states are covered by general misleading-advertising license law plus the federal baseline.
Live · in effect
The only AI-specific real-estate-image disclosure statute currently in effect in the US. Applies to brokers, salespersons, and persons acting on their behalf. Willful violations may be prosecuted as a misdemeanor under California real estate licensing law.
What the law requires
A reasonably conspicuous statement that the image has been digitally altered, placed on or adjacent to it · Access to the unaltered original — alongside the altered version, or via a link, URL, or QR code
No disclosure
White balance · exposure · contrast · brightness · cropping · straightening · sharpness — provided they do not change the representation of the property
Tag applied
Fixtures · furniture · appliances · flooring · walls · paint colour · hardscape · landscape · façade · floor plans · outside views · streetlights · neighbouring elements
ListedRight coverage
For California listings, configure the label to read "Digitally altered — original image available" (or similar wording that clearly communicates alteration) rather than the brand-generic "AI-enhanced." The configurable label plus the original-image URL together give you the conspicuous statement and access mechanism AB 723 requires; how you present them inside your specific MLS is the part you should confirm with your broker.
Pending · effective 2027
Triggers disclosure when technology-assisted alteration adds, removes, or changes elements of the property in a way that creates a false or misleading impression. Narrower than California — turns on the impression created, not on the fact of alteration itself.
What the law requires
Disclosure when AI-assisted alteration adds, removes, or changes property elements creating a false or misleading impression · No disclosure trigger when the alteration does not create that impression
No disclosure
Edits that do not create a misleading impression of the property
Tag applied
Adding, removing, or changing property elements in a way that misleads
ListedRight coverage
The same label-and-link combination configured for California will support § 452.136(1m) when it goes live. Wisconsin agents should plan to enable these settings for affected listings before the 2027 effective date.
Different compliance area
SB 189 is not a listing-image disclosure statute and should not be described as a parallel to California AB 723. It governs automated decision-making technology used in consequential decisions, including some housing-related ones (eligibility, access, screening, automated pricing).
What the law requires
Rules for ADM systems used in consequential housing decisions · Does not address AI-edited listing photos
No disclosure
Not applicable to photo disclosure
Tag applied
Tenant screening · lead scoring · automated routing · pricing · eligibility decisions
ListedRight coverage
ListedRight’s photo disclosure tooling does not address SB 189; SB 189 governs a different category of AI use. If your workflow includes tenant screening, lead scoring, or other AI decisioning tools alongside ListedRight, review SB 189 separately with counsel.
High-watch · no statute yet
No enacted listing-image-specific AI disclosure statute as of mid-2026, but the NY Department of State has issued a public trend-alert warning homebuyers about AI-generated home listings. Senate Bill S9584 — regulating materially misleading digital representations in listings — is currently in committee.
What the law requires
No specific NY statute yet enacted · DOS warning + pending S9584 signal regulatory attention
No disclosure
No statute yet — general misleading-advertising rules apply
Tag applied
Pending bill targets images · videos · virtual tours · virtual staging · altered layouts · AI-generated elements
ListedRight coverage
Enabling clear disclosure and access to the original for New York listings is consistent with what the DOS warning calls for. S9584 may be amended before any enactment — we update this page when it moves.
General license law
TREC has not enacted an AI-specific photo disclosure statute, but Chapter 1101 prohibits licensees from making false, deceptive, or misleading representations. AI has been added as a 2026–2027 Legal Update curriculum topic.
What the law requires
No false, deceptive, or misleading representations in advertising · AI alterations fall under the existing misleading-advertising standard
ListedRight coverage
When the label and link settings are enabled, the disclosure may reduce the risk that a viewer is misled by an AI-enhanced output. Texas-licensed agents should still avoid edits that materially misrepresent the property and confirm their obligations under TREC rules, brokerage policy, and MLS standards.
General license law
No AI-specific photo disclosure statute. FREC may discipline a licensee for advertising in a fraudulent, false, deceptive, or misleading manner under § 475.25.
What the law requires
No fraudulent, false, deceptive, or misleading advertising · AI alterations fall under FREC’s general discipline authority
ListedRight coverage
Using the label and original-image link may reduce the risk that AI-enhanced outputs are viewed as deceptive. Florida agents should still avoid materially misleading edits and confirm MLS, brokerage, and FREC requirements.
General license law
Every US state without an AI-specific statute still has the same set of rules in play: FTC Section 5 (federal deceptive-advertising baseline, no AI exemption), the Federal Fair Housing Act (24 C.F.R. § 100.75 — discriminatory housing advertisements, no AI carveout), state real estate license law, state UDAP statutes, and the NAR Code of Ethics. ListedRight’s label and original-image link settings are designed to help address the substantive disclosure concern these rules share. Whether and when to enable them for a given listing is your call — driven by your state, your MLS, your brokerage policy, and the type of edit.
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