
Effective January 2026
Rules Changes:
7.4.2 Digitally Altered Images Defined
For purposes of these rules, "digitally altered images" has the meaning given to it in section 10140.8(b) of the California Business and Professions Code. As of the effective date of these rules, the statute defines the term as shown in the box below, but the definition of this term is deemed automatically to be updated with any revision to that statutory section.
California Business and Professions Code § 10140.8(b), as of January 2026
(b) (1) For purposes of this section, "digitally altered image" means an image, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (2) "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property. |
7.4.3 Entry of Digitally Altered Images
If the listing broker includes a digitally altered image on any submission to the service, the broker must follow the MLS's published instructions for obtaining the publicly accessible URL of the original image and placing that URL in the description field of the altered image:
(a) Include the label "Digitally Altered" on the digitally altered image. The listing broker is not permitted to watermark or embed the disclosure directly onto the photo itself.
(b) Upload a copy of the image free of digital alteration ("the original image") to the service, to which the service will assign a public URL.
(c) Copy the service's public URL from the original image.
(d) Paste the service's public URL for the original image into the description field of the digitally altered image.
7.4.4 Prohibitions and Enforcement on Digitally Altered Images
Digitally altered images must not include text, watermarks, contact information, or promotional material.
Submission of a digitally altered image without required disclosure and original-image access constitutes a violation, subject to citation and removal under Section 14 (Violations, Sanctions).
10. REPORTING SALES AND OTHER INFORMATION TO THE MLS.
10.1 Statuses.
Off-Market Statuses (Marketing/Advertising Is Not Occurring)
Withdrawn:
A valid listing contract is in effect; however, the property is temporarily off the market at the request of the seller, no longer being marketed and is not actively being shown.
The listing must be submitted to an On Market status in the MLS before it may be changed to Withdrawn status.
The system will expire the listing on its expiration date at end of date. This is a temporary, unfinalized Off-Market status.
Section 11.5.1 Mandatory Submission of Photographs and Renderings.
Each listing entered as Residential Detached, Twinhome, Townhome, Rowhome, All Other Attached, Manufactured Home, Modular Home, Mobile Home, Residential Income 2-4 Units, or Residential Rental shall contain a broker or agent submitted photograph or rendering of the subject property, one of which must be the front exterior of the dwelling, within seventy-two (72) hours of entry into the MLS system. A photograph or rendering shall be designated as the primary photo and shall be in accordance with 11.5 of these rules and regulations. Any member that is unable to comply within the allotted seventy-two (72) hours shall apply for a variance from the San Diego MLS requesting an extension of no more than an additional five (5) days. Digital-altered images, if used, must also comply with Section 11.5.2.
Section 12.8 Advertising of Listing Filed With the MLS.
A listing shall not be advertised by any Participant or Subscriber, other than the listing broker, without the prior written consent of the listing broker except as provided in Section 12.8.1 relating to the Printed Neighborhood Market Report and Sections 12.8.2, 12.16, and 12.19 relating to display of listings on the internet. All advertising of listings by Participants and Subscribers using digital or social media must comply with the listing attribution rules set forth in Section 12.8.3.
If a digitally altered image is included in an advertisement, the advertising Participant or Subscriber must include in the display the label field of the photo from the service, which indicates that the image is digitally altered, and the description field of the photo, which includes a URL to access to the original unaltered image in accordance with California law.
Section 12.8.2. Permission to Advertise a Participant's Listing in Digital and Social Media.
Participants and Subscribers must have permission from the listing broker or agent before advertising a listing in social or digital media. Listing brokers and agents are encouraged to discuss displays of listing information by other MLS Participants and Subscribers (including social media posts) with their seller clients to determine if the seller clients wish to provide permission for such displays. If the seller client consents, the listing broker or agent may provide blanket permission for other MLS Participants and Subscribers to advertise a listing online in the listing's private remarks. Consent for digital display of a listing pursuant to Rules 12.16 and 12.19 is presumed but can be revoked as provided for in those Rules.
Any digitally altered image included in such advertising must comply with Section 12.8.
Section 12.8.3 Listing Attribution in Digital and Social Media Advertising.
When publicly presenting or marketing another Participant's listing in digital and/or social media, Participants and Subscribers must identify the listing firm and listing agent in the advertisement. The listing attribution language must meet all of the requirements subsequently stated in this Rule (except for advertising done pursuant to Rules 12.16 and 12.19, which must follow the listing attribution requirements stated in those Rules):
(a) Contact Information. Any listing advertised by a Participant or Subscriber must include the listing agent's contact information. However, the listing broker has the option of providing different contact information in the MLS if the listing broker wishes to do so.
(b) Prominence. Listing attribution language must be clear and legible, and it must not be hidden by the use of small font size, non-contrasting font color, or other means that would make it hard for a consumer to discern who the listing agent and broker are. Listing attribution information must appear on the first screen that a viewer sees for a listing or with the property description information (i.e., in close proximity to the bedroom and bathroom count).
(c) Calls to Action. Any "call to action" near an advertised listing, such as a button permitting the viewer to contact an agent, must clearly identify whether the action (e.g., clicking the button) will put the viewer in contact with the listing agent or broker or with an advertising agent.
(d) Proper Phraseology. Any listing attribution must use the phrase "Listed by" or "Listing [brokerage/agent]" instead of "Presented by" or other phraseology that does not clearly distinguish between identification of the listing broker and agent and identification of the advertising agent, if any. Listing attribution on social media advertising must follow one of the following three formats: (1) "Listed by [agent] of [brokerage]" followed by contact information (name or phone number); (2) "Listed by [tag listing agent]; or (3) "Listed by [link to and IDX or VOW display of the listing]."
(e) Displays of Minimum Listing Information. Displays of minimum listing information (e.g., a one-line or thumbnail search result, text messages, "tweets", audio, etc. Of two hundred (200) characters or less) must, when practicable, link directly to an IDX or VOW display of the listing.
(f) Any digitally altered image included in such advertising must comply with Section 12.8.
Section 12.10 False or Misleading Advertising and Representations; True Picture Standard of Conduct.
Participants and subscribers may not engage in false or misleading advertising, including, but not limited to advertisements or representations regarding the participant's or subscriber's relationship to the service, about San Diego MLS itself, or about any property listed with the service. Participants and Subscribers may not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the Participant or Subscriber will receive no financial compensation from any source for those services.
MLS participants and subscribers shall present a true picture in their advertising and representations to the public, including Internet content, images and the URLs and domain names they use, and participants and subscribers may not:
(a) Engage in deceptive or unauthorized framing of real estate brokerage websites.
(b) Manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result.
(c) Deceptively use metatags, keywords or other devices/methods to direct, drive or divert internet traffic
(d) Present content developed by others without either attribution or without permission or,
(e) Otherwise mislead consumers, including use of misleading images. Displaying a digitally altered image shall be considered misleading and a violation of the True Picture Standard, unless the displaying Participant or Subscriber includes the label field of the photo from the service, which indicates that the image is digitally altered, and the description field of the photo, which includes a URL to access to the original unaltered image in accordance with California law.
12.16 Use of Listing Information on Internet (Also known as Internet Data Exchange "IDX").
(r) Advertising. Display of digitally altered images in IDX is advertising subject to Section 12.8. Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the Broker Participant's and/or R.E. Subscriber's logo and contact information is larger than that of any third party. Any "call to action" near an advertised listing, such as a button permitting the viewer to contact an agent, must clearly identify whether the action (e.g., clicking the button) will put the viewer in contact with the listing agent or broker or with an advertising agent.
Need Local Assistance |
If you have any problems or questions please call SDMLS Rules (858) 373-4011 or email - Rules@sdmls.com |
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