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janeontheplain · Feb 11, 2011, 11:38 AM

As some of you are aware from previous postings we rent a home, the owner has decided to put the house on the market. We still have a considerable time left in our lease and find it an incredible inconvenience to us that the house is on the market and showings are going to be scheduled regularly with only notice given. When the market analyst from the real estate office came in to measure he started taking pictures of each of the rooms. I asked him what he was doing and my concerns for privacy and that he was not in anyway allowed to use our photographs in the listing and could only use them for referring back to in the case he received questions about the property and they were not to be shared with anyone else. He assured me they would be for his sole use only. I looked up the listing online to see what it was priced at and there are 11 photographs of the interior and exterior of the home (one including my license plate, car and address of our home is listed. I am fuming! What are my re courses here is any?

JudyKayTee · Feb 11, 2011, 12:29 PM

This should be combined with your other thread and I have asked that that happen.

janeontheplain · Feb 11, 2011, 12:31 PM

That's fine thought it wouod be two different issues

AK lawyer · Feb 11, 2011, 02:54 PM

I have read the other thread, and it appers that it hasn't been properly combined yet.

Anyway, as Excon (as I recall) said, the realtor lied; there isn't much you can do about it.

In short, you have no damages.

As to your privacy concerns, you say that "license plate, car and address of our home is listed". So? The address of the home makes sense in a real estate listing. And I just don't see what's the matter with posting a picture of your car showing your license plate. Thousands of people can see that every time you drive somewhere. That doesn't tell those people anything about you.

Originally Posted by janeontheplain

... showings are going to be scheduled regularly with only notice given. ...

They can't do that. If they try it, just send them away. Tell them to make an appointment with you next time. And the timing of the appointment is up to you, within reason.

janeontheplain · Feb 11, 2011, 03:00 PM

There are several pictures of pictures of my minor children who live in the home. I guess to me there is too much information to be gained by the pictures and after specifically stating he could not use the photos for listing purposes he did anyway is refuses to take them down. To me it is my home my belongings and I feel that I should have the right not to have that information posted all over the internet. In the age of identity theft and other criminals out there I think basic steps could have been taken to ensure our privacy at the very least and to honor the agreement we made that they could not be used for listing the property but for in house use. It may be over protective but I believe I have that basic right. Am I mistaken in that thinking?

excon · Feb 11, 2011, 03:12 PM

Originally Posted by janeontheplain

Am I mistaken in that thinking?

Hello again, jane:

You are absolutely right. The realtor violated your privacy. He's a liar and an a$$. Regretfully, there's NOTHING you can do about it. He doesn't work for you, so you can't fire him. The owner isn't going to fire him. You have no lawsuit against him, because as aggravating as it is, you have no damages...

So, let's get on with you buying the place, and then you can tell the realtor to stick it.

excon

AK lawyer · Feb 11, 2011, 03:13 PM

Originally Posted by janeontheplain

there are several pictures of pictures of my minor children who live in the home.

...

It may be over protective but I believe I have that basic right. Am I mistaken in that thinking?

There is some case law protecting one's right to privacy concerning pictures of people. If you have money to burn on an attorney, it may fly.

But I wouldn't take the case on an contingency, and without a sizeable retainer, if that tells you anything.

Originally Posted by excon

... You have no lawsuit against him, because as aggravating as it is, you have no damages. ...

It's fortunate that there are no damages. Yet.
But I was thinking injunctive relief.

ma0641 · Feb 11, 2011, 04:19 PM

I can see you are upset and do have privacy concerns but you state "it's my home" Unfortunately it's not, it belongs to the insensitive landlord who, in many states, can pretty much do what he wants. I would, however, condsider sending him a letter requesting that photos containing your children be removed.

ScottGem · Feb 11, 2011, 05:30 PM

Send a letter to the realtor stating that the pictures of the interior or showing any personal info are a violation of your privacy and demand they be removed or you will take appropriate legal action. It would be better if this comes on an attorney's stationery.

Whether you actual have a case is questionable. But generally someone cannot use pictures taken privately without permission. So you may have a case.

Fr_Chuck · Feb 11, 2011, 09:11 PM

You should ask that they come out and take new photos, this time you put away photos of kids, or things you do not want photographed ?

And of course you can hint to the landlord that if he does not want dirty laundry from one side of the home to the other anytime one comes to look at the house, he should make sure it happens.