AI-edited listing photo disclosure, state by state
As of August 2026, two states have passed a law written specifically for AI-altered listing photos. Everywhere else, existing honest-advertising law is applied to AI photos by extension — which is a real requirement, just not a dedicated one. This page keeps that distinction visible rather than rounding every state up to "has a law."
Three different things, not one
Dedicated AI-photo law
A statute written specifically for digitally altered or AI-generated listing images — currently California and Wisconsin.
General rule applies
No AI-specific statute, but existing honest-advertising or licensing law already reaches misleading AI edits — currently Texas and New York.
Proposed
A bill has been introduced but is not yet law — currently New York's S9584 / A11403, in committee.
Four states, verified individually
| State | Status | Law | Effective | What it requires |
|---|---|---|---|---|
| California | Dedicated AI-photo law | AB 723 Cal. Bus. & Prof. Code §10140.8 |
2026-01-01 | A reasonably conspicuous disclosure must appear on or immediately adjacent to any digitally altered listing image, and the original unaltered photo must remain accessible to prospective buyers. Covers AI or software edits that add, remove, or change physical elements (furniture, flooring, landscaping, facades). Routine lighting, cropping and color correction are exempt. |
| Wisconsin | Dedicated AI-photo law | 2025 Wisconsin Act 69 Wis. Stat. §452.136(1m) |
2027-01-01 | A licensee must disclose, in all advertising, if the advertising has been altered or modified using technology (including AI) to add, remove, or change elements of the property in a way that creates a false or misleading impression. A good-faith safe harbor protects licensees who do not knowingly mislead. |
| Texas | General rule applies | Texas Real Estate License Act (general deceptive-advertising authority) | — | No AI-specific listing-photo disclosure requirement exists. TREC enforces general prohibitions on deceptive or misleading advertising under the Real Estate License Act, which extends to AI-altered photos the same way it covers any misleading marketing. |
| New York | General rule applies + Senate Bill S9584 / Assembly Bill A11403 pending (In Committee — NY Senate Judiciary Committee, per an April 28, 2026 committee vote) |
NY Real Property Law §441-c | — | A pre-existing, AI-predating honest-advertising statute requiring accurate depiction of properties, applied to AI-altered photos by extension rather than by a dedicated AI provision. |
Sourced and dated per state below, reviewed August 2026. This is not the complete list of all 50 states — it covers the states with the clearest public activity on this specific question. If yours is not listed, treat general advertising and MLS rules as the applicable standard and confirm with your board.
Sources, per state
Each state below traces to a primary source (the statute or agency itself) and, where available, secondary reporting. Not the text of any statute in full — your state's own published law governs.
- California (AB 723): primary source · secondary coverage
- Wisconsin (2025 Wisconsin Act 69): primary source — Primary source not directly fetch-verified this session (see sourceUrlPrecision)
- Texas: primary source · secondary coverage — IMPORTANT — correction from an earlier working assumption: Texas's TRAIGA (Texas Responsible AI Governance Act, effective 2026-01-01) does NOT cover real estate listing photos; it targets government and healthcare AI use. Do not reclassify Texas to dedicated_law on the basis of TRAIGA. At least one third-party competitor page reviewed in this project's research groups Texas with California/Wisconsin as if it had dedicated AI-photo law — that grouping is inaccurate.
- New York: primary source · secondary coverage
- New York (Senate Bill S9584 / Assembly Bill A11403): primary source — Escalate to Reza if this bill's status changes (e.g. passes committee, is enacted) — a status change is one of the three named escalation triggers.
Apple Graphic Studio is not a law firm and does not provide legal advice.
We produce listing media and keep the evidence that shows how each image was made and disclosed. We apply the disclosure rule your MLS, state or brokerage publishes — we do not interpret it for you, and we cannot guarantee any outcome with a board, a regulator or a court. Rules differ by board and change without notice.
Confirm your obligations with your broker, your MLS and your own counsel before publishing. Everything on this page reflects publicly reported guidance as of August 2026 and is summarised for orientation, not compliance certification. Read the full disclaimer.
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Frequently asked questions
California (AB 723) and Wisconsin (2025 Act 69, effective 2027-01-01) have dedicated statutes. Texas and New York apply existing general advertising and licensing law to AI-altered photos instead of a dedicated AI statute.
Not a dedicated one. Texas's AI law (TRAIGA) targets government and healthcare use of AI and does not cover real estate listing photos. The Texas Real Estate Commission enforces AI-altered photos under its general deceptive-advertising authority instead.
A bill exists — Senate S9584 / Assembly A11403 — which would require clear disclosure of materially altered images. As of this page's last review it is in the NY Senate Judiciary Committee, not yet enacted. Until it passes, New York's existing Real Property Law §441-c (a general honest-advertising statute) is what applies.
General advertising and licensing penalties apply instead of an AI-specific fine — for example New York's existing law carries fines up to $2,000 for dishonest advertising, and Texas enforcement runs through TREC's standard licensing discipline.
Reviewed on a standing quarterly cycle, plus immediately if a tracked bill's status changes. Each state's row below is dated individually so you can see exactly when it was last checked, not just when the page was.