Wisconsin Act 69: The Next State AI Photo Disclosure Law
Wisconsin Act 69 (formerly AB 456) takes effect January 1, 2027. It requires real estate licensees to disclose in all advertising when technology, including AI, was used to add, remove or change elements of the property in a way that creates a false or misleading impression. Enforcement runs through license discipline.
Last updated Sources linked belowInformation, not legal advice
Reviewed by SofaBrain Compliance Desk, Compliance reviewCorrected against primary sources October 8, 2026
Effective January 1, 2027: 2025 Wisconsin Act 69 (formerly AB 456) creates Wis. Stat. §452.136(1m), "Advertising enhanced by technology."
Disclosure is required when an ad was altered with technology, including AI, to add, remove or change elements of the property in a way that creates a false or misleading impression.
Unlike California AB 723, the text does not require a link to the original photo; it applies to all of a licensee’s advertising, not only sales.
Enforcement runs through the Wisconsin Department of Safety and Professional Services (DSPS) license discipline.
Virtual staging, item removal and digital repairs change what buyers see, so disclose them to stay clear of the "misleading impression" test.
How Act 69 compares with California AB 723
California AB 723 covers digitally altered images in ads for the sale of real property, excludes common edits such as lighting, white balance and cropping, and requires a link or QR code to the unaltered original. Wisconsin Act 69 is worded differently: it reaches all of a licensee’s advertising, but only alterations that add, remove or change elements of the property and create a false or misleading impression, and its text does not require access to the original.
In practice the safest habit is the same in both states: label virtually staged or otherwise altered photos clearly and make the original available. Watch for guidance from the Wisconsin REALTORS® Association and your MLS before the January 1, 2027 effective date.
What you need to do by January 1, 2027
From January 1, 2027, disclose in the ad when a photo was altered to add, remove or change elements of the property in a way that could mislead (virtual staging, item removal, digital repairs).
Pair the altered image with the original where you can. The statute text does not require it, but it shows buyers exactly what changed.
Update your E&O renewal application to disclose AI staging usage truthfully.
Using one disclosure across states
A plain statement next to the image, such as "This image has been digitally altered with generative AI virtual staging", is the kind of disclosure Act 69 asks for. Use any wording your MLS prescribes as well.
Frequently asked questions
Does Act 69 preempt local MLS rules in Wisconsin?
Nothing in the Act displaces MLS rules, so local MLS rules (e.g. Metro MLS, South Central Wisconsin MLS) continue to apply alongside it. Check your MLS’s rules for any prescribed wording.
Will neighbouring states pass similar laws?
Possibly. As of October 2026, California and Wisconsin are the two states in our tracker with statutes on altered listing photos; we update the state pages as new laws pass.
What about decluttering — is that covered?
Likely, when the removal changes what buyers would expect to find: the Act covers alterations that "add, remove, or change elements of the property" and create a false or misleading impression. NAR Standard of Practice 12-10 also bars misleading images. Disclose decluttered photos.
Information, not legal advice. This page summarizes laws, MLS rules, ethics guidance and insurance practices as of October 8, 2026. It does not create an attorney-client relationship, and SofaBrain Inc. is not a law firm. For specific questions, consult an attorney licensed in your state or your E&O carrier.