Susan McCall - -  Compass Realty Solutions, Listing and Buyer's Agent (Compass Realty Solutions)

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Rainmaker
1,527,687
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Susan. 

I'd check if that property is OK to advertise. 

Sep 02, 2020 07:00 AM
Rainer
90,046
Ken Jones
Kenneth J. Jones, Inc., REALTORS® - Springfield, NJ
Real Estate Broker/Owner

Susan McCall - - Compass Realty Solutions Having done professional photography and videography my lawyer advised me that I could capture images of anything I can see in a public place - buildings, people, vehicles, including drone photos and videos of rear yards, etc.

As for interiors, I've been advised that if I'm invited into an interior space or if that interior is open to the general public (e.g. museum, open house, etc.), I can also photo/record the interior unless I'm asked not to do so.

If I were in your place, I'd first consult my own personal lawyer before I'd take down your video.

Remember, your audio comments on that video may also present an issue. So, be sure to show your lawyer your posting.

However, in the end, it's my guess you're probably ok to leave it for public consumption.

Just remember this - you're going to have to work with these other agents in the future. So . . .

Sep 02, 2020 04:17 AM
Rainmaker
2,570,373
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Interesting to note that public domain is just that and anyone who makes a fuss over some minor or inconsequential matter has pettiness for a reward. Beware of tangents in all facets of life for they rob and derail successes. Every cell phone, satellite and drone out there can snap photos like it or not

Sep 02, 2020 07:05 AM
Rainmaker
798,697
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I wouldn't. Taking the photos from outside is one thing, but taking interior photos is another. If you asked the listing broker and the seller if you could do it, what do you think they would say? Some sellers will become furious if they see photos of their kids rooms, gun cabinet, etc online.

Sep 02, 2020 03:14 AM
Ambassador
2,491,888
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Outside, legal.

Inside, you probably want permission from the Seller.

Sep 01, 2020 09:22 PM
Rainer
223,117
Don Baker
Lane Realty - Eatonton, GA

in Georgia you may not advertise a property for sale without written authority.  In my office the broker has that athority from each listing and allows any agent in our office (by virtue of our written agreement) to advertise any office listings.  But the only way to advertise "legally" in GA a listing of another firm is via IDX as per the rules and regulations of the MLS.

Sep 02, 2020 12:32 PM
Rainmaker
585,945
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Check with your MLS.

Some MLS say that you are allowed to used anything on the MLS feed.

I have on occasion written a blog about a particular community with a list of properties for sale.  For whatever reason, I do note that they are not my listings...

If I want to promote a particular property, I ask the listing agent.

Frankly, I would not post picture of anyone's interior...but I would use an interior that is being promoted in MLS.

Eve

Sep 02, 2020 08:06 AM
Rainmaker
2,902,877
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

The California listing agreement has a section to allow or not allow others to take photos. It reads: 
Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs, videos or other images of the property. Seller understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. (If checked ) Seller instructs Broker to publish in the MLS that taking of Images is limited to those persons preparing Appraisal or Inspection reports. Seller acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the MLS. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images.

Interestingly, how would we ever know that photos were taken even though the MLS instructs NO PHOTOS? 

Well, this is an example of how we would know. 

Best practice - always get permission. 

Sep 02, 2020 07:56 AM
Ambassador
1,314,222
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

My Sellers specifically refuse anyone taking pictures of their home for commercial use (ie other Realtors!)  They carefully select us as their brokers and do not want any confusion.  My listings are not there for others to profit, so I too ensure no photography or video.

Sep 02, 2020 07:23 AM
Rainmaker
1,992,806
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

I don't think so. 

Sep 02, 2020 07:08 AM
Rainmaker
5,978,708
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Be safe and get the permission of the listing agent before posting photographs a property on the market. 

Sep 02, 2020 06:43 AM
Ambassador
2,378,541
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

Get permission first from homeowners through their agent, most especially on occupied homes.

Sep 02, 2020 06:16 AM
Rainmaker
1,632,027
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Exterior photos are ok but I flinch to say interior photos are allowed. In society everyone has their phones & nothing is sacred.

Buyers cannot ask you to take down 'your product' as they have requested. They didn't buy your photos or intellectual property when they bought the house. If you want you can take it down per their request.

Sep 02, 2020 06:07 AM
Rainmaker
760,360
Peter Mohylsky. Beach Expert
PrimeSouth Properties - Santa Rosa Beach, FL
THE BEACH IS OPEN

Good answers here, go with your gut and be responsible.  I use shots I take of homes for personal marketing.  

Sep 02, 2020 04:41 AM
Rainmaker
3,711,391
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Permission is always the best approach!

Sep 02, 2020 04:18 AM
Rainmaker
1,316,342
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If you're going to be marketing the home in any fashion, you would need the written consent of the listing Broker and most likely the seller.  Otherwise (at least in California) you could get in trouble with the board.

If you're using video/photos of homes in the area for a neighborhood report, technically you need their permission, at least out here.

Sep 01, 2020 11:14 PM
Rainer
100,882
Jerrill Ewing
N & J Lake Properties, LLC - Eatonton, GA
Builder

not in Georgia unless you have have written permission from the listing broker or use IDX links.

Sep 02, 2020 12:44 PM
Rainmaker
5,006,041
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Susan,

Outside is just fine, as streets and dwellings are in public domain.  Google certainly does this.  Inside, get permission.  As far as people, I always ask permission even on the beach or I fade them in the final photo.  People are very touchy these days.  A

Sep 02, 2020 07:52 AM
Rainmaker
4,443,715
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

As others have said - exterior photos are OK, but permission from the homeowner for the interior photos.

Sep 02, 2020 07:04 AM
Rainmaker
898,180
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

I would think outside photos you could use but interior photos may need permission. I had a seller who would not allow interior photos at all. 

Sep 02, 2020 04:28 PM
Ambassador
2,973,671
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I can't answer for any state other than Georgia where the answer is NO, it is not okay.  In order for a licensee to advertise property they must have the owner's written concent.  A broker owns all listings and said broker can pass that "permission" on to his own agents, but not to others unless it via IDX feed and shows the listing brokerage.

Sep 02, 2020 02:06 PM
Rainmaker
3,533,124
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I think taking them from the outside is okay but not interior pictures.

 

Sep 02, 2020 09:43 AM
Rainmaker
831,768
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Was the property listed for sale?
Was it entered into the MLS?
Did the brokerage, franchise AND MLS syndicate the images and information to places you have never heard of?
IS the information FOREVER on the Internet?

Was not the exclusive use of the imagery and information forfeited at the moment of syndication?

What was your question?

Sep 02, 2020 08:34 AM
Ambassador
4,844,297
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Best to get permission, especially if it is occupied.

Sep 02, 2020 06:20 PM
Rainmaker
1,078,155
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Yes, if it is your listing you can or if you have listing agent permission you can.

Sep 02, 2020 05:45 PM
Rainmaker
291,189
Susan McCall - - Compass Realty Solutions
Compass Realty Solutions - Portland, OR
Listing and Buyer's Agent

This has been a really fun and interesting discussion.  I tried to comment on individual responses but the button is taking the day off.

 

My thoughts with the photos were shots of vignettes, certain furniture placement, a kitchen with unusual tile work, a throw pillow, stuff like this.  Anything else, like a video, would be a violation of the sellers's personal rights, if posted to the web.  The web is forever...... which makes Google happy!!!

Sep 06, 2020 11:42 AM
Rainmaker
781,572
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

I don't believe so, but check with your local authorities (MLS, RE lawyer, RE Association), especially if home is already on the market. You may need listing agent's permission, who may need seller's permission.

Sep 03, 2020 02:01 PM
Rainmaker
597,691
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

I don't think so.  It seems like it's a violation on many levels.

Sep 02, 2020 10:05 PM
Rainmaker
802,482
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I do not think that you should be taking any interior photos of a listed property and posting them on your blog unless you give proper attribution to the listing agent and broker. In fact, I think that would be a violation of our mls rules. It would also be a violation of the Realtor Code of Ethics if you advertised the home for sale as if you are the listing agent - again, without citing the actual listing agent and broker in your post.

Personally, I think it is an invasion of the privacy of the owner - especially if photos are taken and shared for a commercial purpose.

Sep 02, 2020 08:28 PM