AI Image Disclosure in California Real Estate: What AB 2025 Adds to the Rules Already in Force
On September 27, 2026, the Governor signed AB 2025, titled Tenancy: digitally altered images: disclosure. It appeared in the Governor's legislative update for that date.
That closes a gap. Since January 1, 2026, California has required a disclosure when a listing image has been digitally altered. That rule lives in Business and Professions Code section 10140.8 and it applies to licensees marketing property for sale. AB 2025 brings tenancy advertising under a comparable disclosure duty.
If you market property on either side of the ledger, this is a file item now, not a style preference. Here is what is already in force, what just changed, and what belongs in your documentation.
What Already Applies to Sales
DRE addressed this directly in its March 17, 2026 advisory, AI in California Real Estate.
Two requirements come out of section 10140.8, effective January 1, 2026:
A clear disclosure when images have been digitally modified.
The original, unaltered versions made available to consumers.
Separately, Business and Professions Code section 10140.6 still requires your advertising to carry your name, your license number, and the identity of the responsible broker. An AI tool that produces a polished listing graphic will not add those for you.
What AB 2025 Adds
AB 2025 moves the same idea into tenancy advertising. The sales side rule came from AB 723 in the same two year session, which is why the two bills read as a pair.
Before you rewrite rental marketing templates, confirm the chaptered text and the operative date on California Legislative Information. Bills get amended late in session, and the chaptered version is the one that governs.
The planning assumption is simple. If you advertise rentals with edited photography, expect to need the same two things the sales side already needs: a disclosure, and the originals available on request.
The DRE Advisory Covers Far More Than Photos
Image editing is the headline, but most of the March 2026 advisory rests on law that was already enforceable.
Broker supervision. Brokers remain responsible for AI use by licensees and staff. The advisory cites Business and Professions Code sections 10177(h), 10159.2, and 10131. AI is a support tool, not a decision maker.
Accuracy verification. Review AI output for factual accuracy before it reaches a client or an advertisement. Section 10176 covers substantial misrepresentation, and a hallucinated square footage is a misrepresentation.
Fair housing. AI cannot be used for targeted advertising, tenant screening, or lead prioritization in a way that disadvantages a protected class. The advisory cites the Fair Employment and Housing Act, the Holden Act, and DRE Regulation 2780.
Client privacy. Keep confidential client information out of unsecured AI platforms. The California Consumer Privacy Act applies to the data you collect.
Legal boundaries. AI generated contract language or legal advice does not substitute for an attorney.
Documentation. Brokers should keep records showing the compliance review and the staff training behind their AI policy.
What Belongs in the File
This is a documentation problem more than a technology problem. Four items handle it:
A note of which marketing images were digitally altered, and how.
Where the original unaltered files are stored, with a path that will still resolve in two years.
The exact disclosure language used, and every place it appeared.
An advertising compliance check confirming name, license number, and responsible broker on every piece.
The Short Version
Sales side: section 10140.8 has required an altered image disclosure and access to the originals since January 1, 2026.
Tenancy side: AB 2025 was signed September 27, 2026. Verify the chaptered text and operative date, then update your rental templates.
Everything else in the DRE advisory applies today. Supervise the tools, verify the output, keep client data out of open platforms, and document the review.
AIDE builds disclosure documentation into full service transaction coordination across California. If you want that support on your files, see our services. If you want to learn the work yourself, the AIDE TC Training Course covers disclosure tracking, file documentation, and deadline management start to finish. No license required.
AIDE Transaction Coordination | aide-re.com | support@aide-re.com
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