Home : Blogs : James Downing - REALTOR®,GRI, ABR - DC Real Estate : DC Real Estate News

Is it OK to video someone's home and post in on your blog?

It seems every day a new Blog or Blog site pops up. This is especially true in Washington DC. Over the past few weeks; there has been a well written; and very sleek and sexy looking blog site that is growing.

This site sells ad space and promotes listings, open houses, talk about the local market and the like. Well I heard yesterday that this site is going to be sending people (agents who write sometimes for them); to do a video tour of homes on the market - and then post them on their site.

HUH ?

My understanding is that these listings won't necessarily be that agent's or even his companies listing - but just some random (and I am sure sexy and pretty) property for sale in the DC area. Will they have the owners permission? My source says "No" - they are just going to film and post the listing.

I don't know about you - but I would have a FIT about this if this was my listing. If it was my home - I would be calling my lawyer in about 10 seconds (and grabbing by favorite golf club and aiming it... well you get the picture).

I ask my source - so how can they do that? Is that even legal? He (who is not lawyer) said - I think they can.

Love to hear what my readers think?!

Contact James Downing of the Downing Real Estate Group, if you are selling, buying or have questions!

Office: 202-362-5800 Cell: 703.244.3971

Licensed in Washington DC, Virginia & Maryland.

Coldwell Banker Residential Brokerage - Chevy Chase
5028 Wisconsin Ave NW Suite 100 * Washington DC 20016

Posted by James Downing - REALTOR®,GRI, ABR - DC Real Estate on 06/17/2009 10:05 AM

Comments (38)

Video Someone Else's Listing? in the Online Marketing Channel

washington dc, video tour

Originally posted at: DC Real Estate News: Is it OK to video someone's home and post in on your blog?

This post has been included in District of Columbia Information
Post is included in group: You've GOT to be kidding
Post is included in group: Realtors®

38 Comments on Is it OK to video someone's home and post in on your blog?

JUN

I dont like that one bit !

....and not being an attorney, I dont know how legal it can be to video someones house - ESPECIALLY if it's not that agents listing !?!??! Whaat !!!!! No way Uh Uh !!!!! ...unless of course they have permission.

Sounds like rough waters to me ...

James, I don't think it's kosher unless you get the listing agent's OK. And even then, I usually ask for permission to use their photos. Taking a video of someone's home without their express permission is a little tacky. Might even get ya' sued in this town!

I suspect that this will be a hot topic in time.

We know that a photo can be taken and posted on the Internet of the exterior of someone's home if taken from a public location, like a public street or sidewalk. However, inside a person's home is something completely different.

Seems to me that this should be cleared up when taking a listing. If the owner has no objection to interior photos or videos, the listing agent will get a permission and add a short "photo/video O.K." OR "photo/video NO" in the AGENT/REMARKS.

Under no circumstances would I take a video of the interior of someone's home and post it on my web site. For one thing, I don't have the listing broker's permission to advertise their listing. I do post IDX listing showing the listing broker's name, following the IDX rules. However, taking your own personal photos/videos is quite different.

I do take a lot of photos of new home models with permission of the builder according to their policy. In past times, 5-10 years ago, many builders wouldn't permit me to photo their models. Now they beg me to. HA!

Yeah I can certainly see why a listing agent would be mad. . . but we had a similar "presentation" by a certain company that told us when we have open houses we should take virtual tours of other homes in the area along with the one we are sitting on a CD, so that the buyers can see what else their is to offer in comparison to the Open House they are looking at. If you were the Seller, would you ever want your agent to hand out a CD of other listings? I dont think so!!!! I am not sure of the legalities though, definitely something I would talk to a Lawyer about if it happened to me or anyone on my Team!!!

James,

The explosion of ways to market online is raising lots of new questions - many of them potential legal issues! I would NOT be happy to see my listing appearing somewhere that had not been cleared in advance - and I discuss sites/publicity with all the sellers. (IDX feeds fall into the approved category.)

Please keep us apprised!

James-

So this blog site sells advertising? That means this site needs traffic to justify ad prices. I think the broker and the seller needs to be compensated for supplying the subject content.

I'm with you on this, Jim. Many sellers are uncomfortable about having photographs of their home interiors online - great way for bad guys to case potential targets - and I can imagine how they'd feel about this invasion of privacy but some unauthorized photographer. And what about the whole regulation about only the listing broker can advertise a property?

That's a big no no. They'll get sued and shut down in no time unless they get the seller's specific permission.

James,

We agree with you. Permission is important especially in the luxury arena. The wealth of the world does not want their precious possessions viewed publicly. This could affect their insurance policies.

Yikes, thanks for the heads up.

What happened to the lising agents 'exclusive right to sell' contract? I was thinking of having a "featured home" on my website . . . but I would have drafted an agreement that the listing agent would authorize this. Otherwise, my site has the IDX format of listings, and listings are all from the RMLS. What they are trying to do is third-party, unauthorized display of a listed property. The listing agent has control WHERE it will be marketed/adverstised since it's under contract. Period. If the listing agent posted the home to various sites (and they better take them down when the listing is SOLD) they are doing their job. But a third-party, hmmmm . . . they're coming out of the woodwork folks.

I think it is an invasion of the sellers privacy before anything else... I don't know that being in the "luxury arena" affords those home owners any more right to privacy than people who have had their privacy invaded by bloggers intent on getting traffic to their blog showing poor housekeeping, poor taste etc.

Now if they are new construction that might be different but I still think there is a line that has been crossed by many and will continue to be crossed until someone gets sued.

They can take exterior shots of homes because they are in a public place, but not any interiors. They are on private property and the sellers would have to consent. Even with the exterior shots they have to be cautious because of MLS rules. The MLS rules are a contract between agents so I would suggest they look up the MLS rules for homes that will be featured on there.

I would just remind them of the MLS fines that Redfin received over their sweet digs home reviews.

With all the short sales in my area, buyers started recording houses that they like, primarily if they write an offer they'll have a reference at the walk through to make sure everything is there, mind you it'll be obvious if the kitchen is missing.

Anyways due to this listing agents have been writing in the MLS "This home cannot be recorded or photographed without written consent from seller." I'm not sure if this will make a difference or can hold any water legally, but it's something I'm seeing more and more.

I can't imagine any seller or listing agent being happy about this.

I go with absolutely no video unless there is informed consent from the owners. Buyers taking pictures should be only with consent of the sellers as well. After all, it is private property.

For listings I always obtain express written permission to videotape any portion of their home as part of my risk management but then this is in Florida. Other locations may differ when it comes to litigation.

For other brokers' listings... never.

I've already checked and the photographer should get permission from the home seller. If it's a buyer taking a photo of a vacant house for his own purposes, that's one thing; but when it's NOT a specific buyer or agent for that property, and they are photographing personal property inside the house, and they are posting it in a public forum -- they better be ready for mass law suits.

Very slippery slope!

Nope, they cannot not do it without a release from the property owner.

I think they should get the owner's permission and pay them for the content agreeing with what Chuck said. It also can be handled at the time of the listing but that's usually for non commercial use. If someone is selling advertising that's a different story.
We have an addendum in CT about filming for your listings but we usually don't use it or need it YET.

In Ontario, written consent of the owner is required. And, that applies both to the inside and outside of the building.

Brian Madigan

I would never dream of taking photos of the interior of a seller's home and then post those photos without the express written consent of the seller and their brokerage. You're just opening up a can of worms to what could be a number of unethical and liability issues. I would much rather use my IDX adhering to the rules and policies to post listings and information about a particular market area that buyers may be interested in.

Nothing is more important than the homeowner's consent. I would think that most agents would offer a video tour service to their own listings at this point in the tech. game. This is an issue that will become hotter as consumers become more and more eager to gain information about homes.

This sounds like a law suite waiting to happen----- for many reasons.

JUN

Wow.....If a Seller did not want me to market the property to the best of my ability, I would not work with them. Period!

As far as another Agent marketing my properties, HAVE AT IT BABY!!!! I will never understand the mentality that agents feel exposure is a bad thing. Maybe it is the ego of "Exclusive Listing", but at the end of the day, all I want is maximum exposure so that a buyer comes knocking! Isn't that the goal? LOL

We are in the marketing and real estate business, why would anybody want to put up barriers to making that happen?

What if this? What if that? What if the other?

Let me ask you this: What if it SELLS quickly!!!!!!!!!

Just my $.02

~Harrison Painter

P.S. I do agree that agents should get a written understanding of what marketing means, and what you will be doing to protect yourself. Keep the liability to a minimum. I also believe another agent should give the professional courtesy of letting me know what they are doing if posting up my stuff.....but at the end of the day, just bring me a darn buyer so I continue to be a Real Estate Rock Star to my clients....... :)

They're planning on videotaping the inside of someone's home? It seems that should be a violation though I'm not sure.

what about foreclosures/HUD properties? anyone have any idea?

It seems to me there is certainly a violation of privacy issue with taking video of an occupied listing. I can just picture a seller's house getting robbed because the camera accidentally panned over and caught a glimpse of something really valuable in the house. not a risk i'd be willing to take as an agent, but i could see how a vacant/unoccupied listing might be ok with the listing agent's permission.

I agree with a lot of comments...don't do it unless you have the sellers permission along with the selling agents permission. Too risky.

You have to love the internet and video revolution. There are always people looking for an angle to make money. My opinion is that this will fail. Very few professional real estate blogs make money. To create one without getting the Realtor involved is stupid. Why wouldn't they want to be the local version of Zillow? If they get internet traction we would want to contribute our listings, making them more important, and then they could show advertisers that they are significant.

I thought NAR has made it illegal to do this without the owners signature

James, I can tell you that it wouldn't make me happy either. Wow. They're really pushing the limit. Thanks for the heads up. \

Deb

I'm all for video but that isn't allowed from what I remember about the rules. Maybe you should comment on the site or call them to make sure they know.

Where there is a way to make a buck someone will find it. Once traffic is bigger they will start charging to have properties exposed!

Congratulations on being a Featured Blog .. Keep Writing and Sharing .

I believe the rules are that a listing belongs to a broker, and can't be advertised like that without a broker's permission, unless it's cooperating agencies in the same mls/idx? I don't know. But an outside compnany like that would have to get permission. i am of the mind of a few others too. why not have your property advertised everywhere possible? If it gets sold, it gets sold! That's the ultimate goal!

JUN

This sounds like new ground and is likely to become an issue around the country rapidly.

From the broker's point of view, I may not see a problem. You placed the property into MLS with the expectation that other agents would try to market the property.

From the home owner's point of view, it might be a different question. I would certainly think it necessary to have a written consent from the owner to video or photograph the interior of a home. And that consent should specify the time and date when the video is to be made.

Lenn Harley has the right answer (as usual) above. Our listing agreement and MLS listing display should contain specific waivers and instructions for other offices who wish to provide additional marketing. And that waiver should be automatic unless there is some reason to withhold permission.

Like many new technologies, this situation needs to be proactively addressed in a consistent manner around the country. But the guiding principle should be what benefits the home owner.

This is very interesting. Thank you so much for putting this on the table. I think if it's on the market and they say who is listing it, it would be free promotion, otherwise, it's not acceptable in my book.

JUN

It would seem that you would need permission if the video was going to be used as a marketing effort. It would violate the listing agents rights where you are marketing a property that is not yours.

FranklyMLS encourages this for vacant homes as well as Buyer Agent comments about how it really shows vs what the MLS (aka the listing agent) says about the house. I think FranklyMLS is trying to do a public service. I think otherwise. Having said that, doesn't the fact that the listing, the photos and the virtual tour are all syndicated out all over the place anyway negate any concerns about, say, me coming to video your listing and putting it on my site. What's the diff?

Leave a response…

Name:

Email:
(optional)

Comment:

What does the graphic say?