January 2026 Broker Report

IN THIS ISSUE

All Digitally Altered Listing Images Must Now Be Appropriately Labeled

Read below to ensure compliance with this new policy

With the latest amendments to California Assembly Bill 723 (CA AB 723) now in effect, CRMLS has implemented a new rule 11.5.2, regarding the inclusion of digitally enhanced images in listings. Fortunately, most agents already follow this rule on their own, so this is more of a formal standardization of common practices.

What do I need to do?
Rule 11.5.2 (summarized here) states that if an agent includes a digitally enhanced image in a listing, they must also include the original, unaltered image next to it. Additionally, there must be a disclosure about the digitally enhanced images to indicate that they have been edited.

What counts as a “digitally enhanced” image?
As Rule 11.5.2 puts it, a digitally enhanced image is any image “that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image.” This would most commonly include virtual staging, adding or removing appliances, or other visual adjustments. 

Does this include ALL edits to an image? 
The rule stipulates that minor aesthetic changes, like adjusting exposure levels, sharpening an image, or other common photo edits, do NOT require a separate indication..

Is there a penalty for failing to disclose a digitally enhanced image? 
No, there is currently no penalty. The CRMLS Rules committee will meet later this year to discuss the matter further.  

If you are concerned about the degree to which an image is altered, it’s better to play it safe and include the original image next to it in the listing.

Thrive Is Back for 2026!
We Look Forward to Seeing You There!

Mark your calendars because Thrive Broker Summit is back and better than ever for 2026! Join California’s top real estate professionals for two days of exciting insights, valuable networking, and the chance to get a glimpse at the future of our industry.

Compliance

CRMLS Rule 7.15.1 – Offers of Concessions in the MLS

This month, we’re highlighting CRMLS Rule 7.15.1 – “Offers of Concessions in the MLS.”

When it comes to concessions on a listing, it can sometimes be challenging to understand exactly what is acceptable and what could lead to a rule violation.

CRMLS Rule 7.15.1 permits agents to include concessions verbiage on a listing, but if you do add any concession verbiage then you must also include it in the listing’s Public Remarks. Allowable concessions include items such as closing costs, property improvements or repairs, and financing-related costs. Any items that suggest an offer of compensation, commission, or buyer broker fees are prohibited.

If you plan to add concessions to a listing, make sure the field “Seller Will Consider Concessions in Offer” is accurate. It’s a simple Yes/No. This field is not binding and does not require the seller to offer concessions. As a result, it is up to each agent to decide whether to add concessions to the listing.

Just remember that if you add concessions to also include them in the listing Public Remarks/Property Description field.

• Compliance Knowledgebase Library
• Rules and Policies

Compliance Presentations are Available to Your Brokerage

CRMLS Compliance offers complimentary presentations to help your agents understand current legal and ethical standards. Please fill out our form to schedule a training session.

Broker Compliance Helpline

You can contact the Broker Compliance Helpline in three simple steps:

1. Make sure your MLS ID is ready . To confirm your ID has the correct MLS user class, please email [email protected]. 
2. Call us at 909-859-2043
3. Press 3 to speak directly to a Compliance Analyst for live assistance

You can reach us Monday – Friday from 8:30 AM – 4:00 PM PT. Please do NOT share this phone number with agents.

Note: Only active brokers, office managers, and personal/office assistants connected to a broker or office manager, can use the helpline.

If you have questions regarding your user class or personal/office assistant accounts, please contact us at [email protected].