House Fishing: Why Agents Should Stop Creating Misleading Listings — And Why New Laws Are Coming
Real estate agents want their listings to shine. Great photography, strong descriptions, and smart marketing all matter. But a growing trend — house fishing — is pushing some agents into dangerous territory.
House fishing is the real estate version of catfishing: digitally altering listing photos in ways that misrepresent the property. And as of January 1, 2026, it’s now illegal in California under AB‑723, the first law in the nation to regulate deceptive listing photos.
If you’re an agent in Pennsylvania or Maryland, this matters — because laws like AB‑723 rarely stay in one state.
Let’s break down what AB‑723 does, why agents should avoid house fishing, and whether similar laws could land in PA or MD.
🎣 What AB‑723 Actually Says (California’s New Law)
California’s AB‑723 makes it a misdemeanor for agents to use digitally altered listing photos without disclosure. The law requires:
- A “reasonably conspicuous” disclosure on or next to any digitally altered image
- Access to the original, unedited photo via the listing site, link, URL, or QR code
- Applies to edits that add, remove, or change physical elements (furniture, landscaping, flooring, walls, etc.)
- Routine edits like lighting, cropping, and color correction are exempt
- The listing agent is liable, even if a photographer or vendor made the edit
California passed AB‑723 because AI‑altered photos exploded in volume, and over 90% of altered listing images carried no disclosure.
This is the first law of its kind — but it won’t be the last.
🚫 Why Agents Should Never Create House‑Fishing Listings
1. It Damages Your Reputation
Buyers don’t forget being misled. When they walk into a home that looks nothing like the photos, trust evaporates — and they blame the agent.
2. It Attracts the Wrong Buyers
House‑fished listings generate clicks, not qualified showings. Disappointed buyers leave quickly and rarely make offers.
3. It Wastes Time
More showings + fewer serious buyers = wasted hours for you and frustration for the seller.
4. It Hurts Negotiations
If buyers feel deceived, they negotiate harder, assume hidden issues, and add contingencies.
5. It Threatens Long‑Term Business
Real estate is built on referrals, repeat clients, and trust. House fishing undermines all three.
📸 The Photography Trap: When “Better” Becomes “Misleading”
Professional photography is essential — but it must be honest.
Edits that enhance are fine. Edits that change reality are not.
AB‑723 specifically targets:
- Virtual staging
- Removing power lines, cars, dumpsters
- Changing flooring, walls, landscaping
- Sky replacements
- Hiding damage
If a buyer expects to see something in person and it’s not there, the photo required disclosure — and in California, failing to disclose is now a crime.
⚖ Could Pennsylvania or Maryland Pass a Similar Law?
Short answer: Yes — and the groundwork is already forming.
Pennsylvania
Pennsylvania currently has no laws regulating real estate photo alterations, and the state’s legislative activity around “fishing” is strictly about actual fishing, not real estate.
However, Pennsylvania has a long history of consumer‑protection legislation, and AB‑723 sets a national precedent. Once a major state passes a real estate disclosure law, others often follow — especially when the issue involves consumer deception.
Inference: Given PA’s strong consumer‑protection environment and the national attention AB‑723 is receiving, it is reasonable to expect discussions or proposals in the future, especially if buyer complaints rise.
Maryland
Maryland’s recent legislative activity also focuses on actual fishing (e.g., HB 1304 on fishing‑license enforcement).
But Maryland has a history of adopting real estate consumer‑protection measures quickly when neighboring states act. Maryland’s real estate commission already enforces strict advertising honesty rules, and AB‑723 provides a clear model for lawmakers.
Inference: Maryland could adopt similar disclosure requirements if buyer complaints increase or if national real estate organizations push for uniform standards.
The National Trend
California’s law is already influencing:
- MLS rule changes
- Brokerage compliance policies
- Discussions in NYC about “house‑fishing” regulations
Once MLSs begin enforcing disclosure standards, states often follow with legislation.
🏡 Final Thought: Trust Is Your Most Valuable Listing
House fishing may get clicks, but it doesn’t build a career.
Agents who avoid misleading marketing:
- earn stronger referrals
- build lasting relationships
- attract serious buyers
- negotiate cleaner deals
- maintain a respected brand
With AB‑723 now law in California — and other states watching closely — honest marketing isn’t just ethical. It’s becoming mandatory.
And it’s the smartest long‑term move for any agent who wants to stay ahead of the curve.
