Virtual staging disclosure under the Bay East rules
Bay East runs the widest definition of the three. Almost any edit to the property, or to what you can see from it, counts as a digitally altered image, and all of it is disclosable rather than banned.
What the rule says
Bay East added two sections to implement AB 723. Rule 11.5.1 defines the term and sweeps in fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade and floor plans, along with elements outside or visible from the property such as streetlights, utility poles, views through windows and neighboring properties. Lighting, sharpening, white balance, color correction, angle, straightening, cropping and exposure fall outside it. Rule 11.5.2 sets what you have to do.
A Participant or Subscriber who submits any digitally altered image must also: (i) submit the original, unaltered version of the digitally altered image, (ii) ensure that the original, unaltered version is displayed immediately after the digitally altered image, and (iii) ensure that the digitally altered image is marked in a reasonably conspicuous manner as "altered," "digitally altered," "AI altered," or some accurate substantially similar term.
Bay East MLS Rules and Regulations, Rule 11.5.2. Current rulebook effective Jul 1, 2026. Read the Bay East MLS rules
Bay East parts company with CRMLS on the point that matters most. It does not prohibit altering the building. A repainted wall or an erased utility pole is a digitally altered image you disclose, not an image you are barred from posting. Appendix A of the rules lists the penalty for 11.5.2 as a courtesy call with no money attached, which is light next to the photo infractions on either side of it.
What it means in practice
These obligations run together, and missing any one of them is the violation.
- Upload the original unaltered image, not the edited one alone.
- Sequence that original immediately after the altered image, so the pair sits together in the photo order.
- Mark the altered image conspicuously. Bay East applies the label through the Label option beneath each photo in the MLS.
- Bay East accepts Digitally Altered Image, Virtually Staged or Digital Rendering as label text.
- Listings entered before Jan 1, 2026 are not forced back through this. Bay East encourages a review of active, pending and hold listings rather than requiring one.
Reasonably conspicuous is not defined anywhere. Bay East sets no minimum size, placement or contrast for the label, so two agents can both claim compliance with visibly different treatments. If your listing is borderline, ask Bay East rather than guessing.
Disclosure wording you can adapt
Bay East names three acceptable labels, so start from one of those on the photo itself. The rest is for the places the label does not reach.
- Photo label
- Digitally Altered Image. Original unaltered photo shown immediately after.
- Agent remarks
- Digitally altered images in this listing are labeled and each is followed by the unaltered original, per Bay East Rule 11.5.2.
- Advertising outside the MLS
- This image is digitally altered. Furniture and decor were added digitally and the structure of the room is unchanged. The original, unaltered image is at the link below.
The Bay East rule and AB 723 do not line up. The statute asks for a link, URL or QR code identifying the original image, while Bay East asks you to upload the original and sequence it after the altered one. Uploading into the MLS does not produce the link the statute contemplates for advertising outside it.
How EstateInventor helps
EstateInventor staging is geometry-locked. Walls, windows, doors, ceilings, floors, built-ins and proportions stay exactly as shot, and the file comes back at the dimensions you uploaded. Only furniture and decor are added or removed.
Bay East is the one MLS on this site where geometry lock does not change what you are allowed to post, because structural edits are disclosable here rather than barred. It still changes what you are disclosing. A staged photo that leaves the room itself untouched is far easier to defend as a truthful representation than one where the walls moved.
Disclosure is required either way. Furniture is named in Rule 11.5.1, so label the image and publish the original after it.
Common questions
Does Bay East require me to disclose virtual staging?
Yes. Furniture is named in the Rule 11.5.1 definition. Submit the original, display it immediately after the staged image, and mark the staged image conspicuously as altered, digitally altered, AI altered or an accurate equivalent.
How is Bay East different from CRMLS?
Bay East disclosure covers far more ground and bans nothing. CRMLS limits its defined term to furniture and appliances and prohibits altering the building outright. An edit that is disclosable at Bay East can be unpostable at CRMLS, so check which rulebook governs your listing.
What is the penalty?
Appendix A of the Bay East rules lists 11.5.2 as a courtesy call only. No fine attaches, which is light next to the neighboring photo rules that run to hundreds of dollars.
Where exactly does the label go?
On the photo, through the Label option beneath each image in the MLS. Bay East accepts Digitally Altered Image, Virtually Staged or Digital Rendering.
Do I have to fix listings I posted last year?
Bay East does not require it. For listings entered before Jan 1, 2026 it encourages a review of active, pending and hold status listings.
Sources
Before you rely on this
This page is informational, not legal advice. We wrote it from the documents the MLS itself publishes and we link every one of them, but rules get amended and local interpretation varies. Confirm the current text with your MLS or your broker before you publish a listing, and treat the linked source as authoritative wherever it differs from this page.