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    lyf's Avatar
    lyf Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 23, 2008, 06:24 PM
    My sales agent use our house for her ads
    We just bought a house from an Edina Realty agent. AFTER she sold us the house, she kept the house pictures and virtual tour of the house, both inside and outside, for her other commercial listings. She refuses to take them off after 2.5 months, citing that she has the right to use these pictures of our house because she took it and paid for it.

    My question is: Does she have the right without our permission?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Apr 23, 2008, 08:13 PM
    Contact your state's real estate commission or department, or whomever regulates these mavericks.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Apr 24, 2008, 06:50 AM
    Hello lyf:

    If she's saying the house is one of her listings, then she's committing fraud, as in false advertising. However, if she's using them as an example of houses she sells and/or recently sold, then you're going to have to look to your listing contract with the agent and see what is says about the matter.

    If the agent has good legal advice, there'll be something in that agreement. If it's silent, then you'd have to look to common law for the answer.

    They're her photographs. She took 'em, and she paid for them. If there is nothing saying otherwise, I think she may use them as she wishes. Because they depict your house, I don't believe entitles you to anything.

    However, knowing Edina, you didn't sell a cheap house. You probably used a lawyer. Go see what HE says.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 24, 2008, 12:49 PM
    I would as noted inform the realator that unless they are removed you are going to report them to the real estate commissioners office.
    That should do it,

    But it is possible that the agreement in the selling of the home gave them the rights to the photographs. But often a report to the license agency, or a letter from an attoreny threatening to sue will do wonders even if they have legal rights to do something
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #5

    Apr 24, 2008, 01:21 PM
    If you don't want these pictures of your present home used, definitely speak up now. Read your listing contract. Contact your attorney. Have it cease immediately for your own protection.

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