CAN PICTURES FROM A LISTING BE DOWNLOADED TO A NEW LISTING WITH NEW AGENT AT NEW REALTOR CO?

Jen Lowe
Home Seller
21220

WE JUST CHANGED REALTORS AND A NEW AGENT, AND WE WANT TO USE THE 27 PICTURES THAT WERE USED IN OUR LAST LISTING, THEY ARE PERFECT PICTURES, LANDSCAPING ETC... NOW THE NEW AGENT SAYS SHE DOESN'T KNOW THAT MUCH ABOUT COMPUTERS EVEN THOUGH WE ASSUMED THIS IS A REQUIREMENT OF THE AGENTS JOB, ESPECIALLY SINCE SHE SAYS SHE HAS BEEN DOING THIS FOR 30 YRS THE QUESTION IS WE SENT HER THE 27 PICTURES-FORWARDED. AND SHE SAYS SHE CAN'T DOWNLOAD THEM THAT WAY IS THIS TRUE OR DOES SHE NOT KNOW HOW BUT ISN'T SAYING SO?

Answers (10)
Best answer: Patrick Thies
First to answer: Patrick Thies
Jim Lux
Agent
Denver, CO

There are several ways to get the pictures you want from your previous agent here are a few suggestions:

Your new realtor could contact the previous listing agent, he/she may be able to buy them, if your old agent had a virtual tour done on your home your new agent may be able to reimburse the previous agent for the cost and get the tour placed in your new agent’s name. My team has both bought and sold photos and tours to get the best for our client.

Have your new realtor go to the agent’s web site if your home is still up he/she might be able to get them.

If your home was in the MLS your current agent should be able to find it and if the agent put your pictures in the MLS your agent may be able to get them.

We have our homes for sale (listings) submitted to the following web sites and search engines for maximum exposure you might try to see if your previous agent submitted to any of those web sites if so you will find photographs, Bargain.com, ClickableCityDirectory.com , CLRSearch.com, DirectHomes.com, DotHomes.com , eRealInvestor.com Geebo.com , Google Base , HarmonHomes.com , HomeFinder.com , Homes.com , HotPads.com , Immobel.com , OLX.com Oodle.com , Local.com , Overstock.com , Pad4Pad.com PennySaverUSA.com , PropBot.com , Realtor.com, Sell.com, TNOL.com, Trulia.com Vast.com, , Yahoo! Real Estate , Zillow.com , and ZooCasa.com and see if your home is there if so there may be pictures, your current should also be able to do that.

If all else fails ask your current agent to provide a virtual tour for your home, photos are professionally taken and you can view individual pictures and a slide show, we do this on almost all of our listings its called service.

Jim Lux, CRS, GRI, e-PRO
Metro Brokers/DeLUX Team Realty, Inc.
13982 W. Bowles Ave #200, Littleton, CO 80127
TOLL FREE 1-888-LUX-TEAM (589-8326)
Local (303) 327-5898

Wed Nov 18 2009, 12:47
Patricia Selvag...
Agent
Massapequa, NY

If you sent her the pics to use, you most certainly can use them. If she is unable to upload them then she should find someone that can do it for her.
Unfortunately not all agents are computer savvy and it not a requirement.

Wed Nov 18 2009, 11:59
James Gordon PBD...
Agent
Butler County, OH

Jen it is just as Ron has copied but may not have read. I have cut this section from his area.
_____________________________________________________________________________
You warrant that any image submitted is your sole property, that no third party owns the image or
any rights in or to the image (or any rights that, to your knowledge would undermine this
assignment), and that you are not submitting materials for which you do not have the right to
make the assignment described above.
_____________________________________________________________________________

Sounds like if you took the photos you can use them. If your old listing agent took them you need new ones.

Wed Nov 18 2009, 11:51
Jeannette Karis,...
Agent
Spokane, WA

I think there are 2 possible issues here. and of course we can't give legal advice
1 Ownership - not physical but legal
As you can see there are differing views of who owns the pictures - most often the copywright belongs with the person who took the pictures which may be the previous list agent. Check the MLS (local database just used by agents) rules re pictures if that is where they appeared. Our MLS rules state that to use pictures from previous listing that previous agent must give permission. If they appeared on onother real estate website maybe the agent didn't even take them and therefore the website has ownership.
2 - Ability to use technology
You may have discovered the question you should have used when interviewing a 2nd list agent. How do you use technology in your marketing and can you list the ways and demonstrate how my home with appear in print and on-line. Not all REaltors are created equal is maybe what you are finding out. The final thing is that this particular person my not be up to speed with the "how to". When you receive pics in an email, save to a file and then upload from that file. A chat with her broker may get her the assistance she needs to get it done.

Wed Nov 18 2009, 10:23
Ron Trzcinski
Agent
Baltimore, MD

The photos belong to MRIS and not to the previous agent. Their policy is shown below. Technologically, if they were listed on MRIS before, then they can be listed on there again.

Keystone Photo Upload Terms of Use:
READ THE FOLLOWING CAREFULLY, AS THESE TERMS ARE LEGALLY BINDING.
BY SUBMITTING AN IMAGE TO THE MRIS SERVICE YOU ARE ACKNOWLEDGING THAT
YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND THAT YOU AGREE
TO BE BOUND BY THEM. FAILURE TO AGREE TO THE FOLLOWING TERMS BARS YOU
FROM SUBMITTING IMAGES TO THE MRIS SERVICE. THESE TERMS OF USE
SUPERSEDE ANY PREVIOUS (e.g., UPSHOT) TERMS OF USE, AND ARE SUPPLEMENTAL
TO ANY OTHER TERMS OF USE AND AGREEMENTS GOVERNING YOUR USE OF THE
MRIS SERVICE.
Photo albums are uploaded on a per listing number (ML#) basis and are not transferable to
another listing.
So that you may continue to use the image in your business, MRIS grants to you and your broker
the perpetual right and license to use, copy, adapt, modify, display and distribute the image for
your own business purposes, including posting the image on your own web site, your broker's
web site, or in your own property listings, in any form or manner now or in the future available.
All images submitted to the MRIS Service become the exclusive property of Metropolitan
Regional Information Systems, Inc. (MRIS). By submitting an image, you hereby irrevocably
assign (and agree to assign) to MRIS, free and clear of any restrictions or encumbrances, all of
your rights, title and interest in and to the image submitted. This assignment includes, without
limitation, all worldwide copyrights in and to the image, and the right to sue for past and future
infringements. If and to the extent you retain any copyrights or other ownership rights in or to the
image despite this assignment, you waive and agree never to assert any such rights against
MRIS or its successors, licensees, or customers, including without limitation, any moral rights that
you may have in or to the image.
You warrant that any image submitted is your sole property, that no third party owns the image or
any rights in or to the image (or any rights that, to your knowledge would undermine this
assignment), and that you are not submitting materials for which you do not have the right to
make the assignment described above.
MRIS reserves the right to accept or decline any image submission and may, at its own
discretion, remove any image from its systems for any reason it deems to be appropriate.
Inappropriate information includes, for example, images containing broker or agent name/contact
information, web site addresses, personal property, and obscene or profane material.
Ver. 4/2008

Wed Nov 18 2009, 09:46
James Gordon PBD...
Agent
Butler County, OH

Here is the section of the MLS rules that deal with supplied photos. If the other agent took the photos your new agent can not use them. If you took the photos you can supply them to your new agent ans she can use them.

When the Participant submits images to the MLS, the Participant is representing that the Participant has the
right to authorize and is authorizing the MLS to publish the image anywhere the MLS data is intended to
appear. With this authorization, the Participant and its licensees agree that all images and listing data entered
into the MLS are copyrighted by the MLS. This in no way removes ownership of the images or data from
the listing broker. Any images supplied by a 3rd party other than the licensee is technically the property of the
3rd party and should be dealt with appropriately within the policies of the listing company. The broker shall
indemnify the MLS in the event of any litigation relating to the reproduction of the image by the MLS or other
authorized entities.

Web Reference: http://www.Find1Home.com
Wed Nov 18 2009, 03:49
Margaret Rome
Broker
21209

If the photos belong to you, and not the previous agent, they can be downloaded to the MLS.

Wed Nov 18 2009, 03:31
Paul Miller
Agent
Timonium, MD

You can download up to 30 pictures in the multiple list. If she can't download it might be the way the pictures are formatted, but you can get around that. She should be able to do it because I can.

Thu Sep 24 2009, 09:09
BenitoGarza....
Agent
Minneapolis, MN

Maybe she needs a little help. Ask her to ask for help on her company.

From Realtor.org
VIII. NAR & Technology
Never before have REALTORS® and the public had such an extraordinary amount of real estate information available at their fingertips. The very first computer system used at the National Association of REALTORS® was installed in September 1973. Computerized multiple listing services (MLS) became a reality in 1975, and by the early 1980s the idea that computers would soon replace traditional paper MLS directories was quickly becoming a reality. The National Association of REALTORS® has launched several programs over the years to help the industry take advantage of computer technology, including REINET and RCS-MLS in the 1980s.

In the 1990s, NAR saw progress on several technology fronts. REALTOR.com, the official site of the National Association of REALTORS®, was launched in 1997, giving consumers a powerful tool to help them connect with REALTORS® and find a new home. Today, REALTOR.com features over 4.4 million property listings viewed by more than 6.3 million monthly unique users, and is recognized as the No. 1 consumer destination for real estate-related information.

Tue Sep 15 2009, 18:10
Patrick Thies
Agent
Elmhurst, IL
BEST ANSWER

Sounds like she may not know how to save the pictures that you forwarded to her. It's pretty simple to do. If you e-mailed the pictures to her all she has to do is save them to her computer so she can upload them to the MLS. There should be someone in her office that can help her.

By the way, computers are fairly new technology for many people that were not raised with them. Some "seasoned agents" are not that familiar with how they work.

Tue Sep 15 2009, 17:55

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 11
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback