Who is liable under AB 723 — the agent or the photographer?
The real estate broker or salesperson, including for work done by anyone acting on their behalf. Using an outside photographer or staging service does not transfer the disclosure obligation away from the agent and brokerage.
Answer first
The real estate broker or salesperson, including for work done by anyone acting on their behalf. Using an outside photographer or staging service does not transfer the disclosure obligation away from the agent and brokerage.
§10140.8 places the obligation on the licensed real estate professional. Outsourcing the staging or photography is operationally fine, but the disclosure duty stays with the agent and the brokerage. For brokerages this means portfolio-level exposure: every agent's altered images need to meet the standard.
Run your next listing through SEAREI.
Whether you stage with SEAREI or bring photos staged elsewhere, the AB 723 / NWMLS / NAR compliance layer ships with every certified listing.
Last updated: May 25, 2026 · SEATECHONE LLC
All answers are informational and not legal advice. Confirm current requirements with your MLS, brokerage, and counsel. For the full breakdown of AB 723, see the complete guide.