The former agent may have a complaint, but we've had our photos lifted and re-used, as well as our exact marketing copy for a home used for another nearby home. And you know what we did about it? Nothing. There are bigger fish to fry. When the one agent took our exact photos, and didn't even add one new one, I thought to myself, why didn't he just call and ask. I would have given him my blessing. But if that is the nature of our competition, we will continue to thrive in this business by having greater integrity, better represented homes, greater creativity and greater care for our clients.
What's the difference between pirating someone's photography and thinking it is acceptable to pass yourself off as a false 911 hero? It's all about values, morals and the ability to make good decisions.......10 years, really!
They immediately removed my photos from her listing. The same listing agent
came to my open house handing out cards and I escorted her out of my home. It is this kind of
people give realtors a bad name.
This issue needs to be escalated. BRE may be an ultimate place to get resolved.
Another observation is realtors copy a home from Google and put it on the mls for commercial purpose.
"Under traditional copyright principles, the photographer owns the copyright for the picture taken by the photographer. Even if the photographer provides the negatives to a third party, there is no automatic authorization to make additional copies of the photograph unless the permission of the photographer has been obtained separately. This is also true with digital cameras, where a file is sent to the MLS. In each instance, it is necessary to evaluate who owns the copyright for the photograph and what is needed to allow the MLS to use that photograph without infringing the copyright owner’s rights."
I have encountered a situation where one of my listing photos was re-used by an agent. Upon contacting him several times, he reluctantly removed the photo. I would suggest contacting the agent first and then escalating if necessary. Re-using photos is unprofessional and unethical.
On a side note, feel free to reach out to me if you would like to hire a photographer to photograph your listings in the San Francisco Bay Area. Samples of my work and portfolio can be viewed here: http://www.homeclickr.com.
In San Francisco (San Francisco Association of Realtors), this is a fine-able violation of the rules of our association. Our association would need to have a communication from the previous owner or listing agent and our association would REMOVE the photos and send the agent a fine.
The current listing agent probably has no permission from the previous listing agent nor previous owner. If you have the old listing number and the current listing number and send it to the governing association with a complaint. They will deal with it right away!!
It is extremely important that agents represent a property in it's CURRENT condition to the public.
Best of luck
Oggi Kashi - 415.690.3792 direct
Broker Associate, Paragon Real Estate Group CA DRE 01844627
All data from sources deemed reliable but subject to errors and omissions, and not warranted.
Aside form the realtors point of view though, the seller is the important one in this equation and may feel that their realtor is doing them a disservice by not advertising with up to date photos and information on the property. This could lead to unnecessary time on the market and showings where buyers were "fooled" by older photos and then once they see the property in person may want nothing to do with it. It does not show that the realtor is doing all they can to help promote the property.
As for what can be done by the former owner of a house that went into the history books, perhaps admire what was and reminisce at what might have been. Pursuing something more would be a waste of energy and resources -- but, people have been known to do more for less. With that in mind, call the board of Realtors where the property is located and see what they recommend (probably not too much), and perhaps it may be worth your time to pursue.
Let me know if you have any other questions.
I suggest contacting the listing agent and requesting that the photos be taken off the listing, maybe reminding them that they're showing photos of what could potentially be personal belongings of a family unrelated to this listing. If that doesn't work, find out who took the photos and what, if any, contract was signed for the photography to discern who exactly owns the photos. A real estate lawyer can help you from there if it's very important to you and your family that the photos aren't on the listing.
Hope this is helpful. If there's anything else I can do, please don't hesitate to ask!