After reading a post earlier today, I felt compelled to present another side to the scenario cited therein. Since I don't have the author's permission, I won't link to the post here. To be clear, I didn't seek permission from that blogger (i.e. I wasn't specifically turned down) - I just want to write a response with a different point of view.
The blogger posted about selling a home which closed awhile back, then being dismayed to find that someone had stolen the photos and text from the original listing, although it was now listed for lease, not for sale. The plan was to complain to the local board/association, and to the state real estate commission as well.
In my humble opinion, this is a waste of effort and time over an issue which really harmed absolutely no one. I could understand the frustration if it were a lost listing that a new agent had, but this is a completely different type of transaction, and you've already been paid for your efforts. I'm not excusing the behavior of the lease listing agent, because it just seems lazy and uninspired, but I wouldn't bother to complain to the real estate police, either.
I am from the "live and let live" school of real estate, unless it's something egregious and harmful, including:
- Willful misrepresentation of facts
- Not disclosing something important (damage, termites, mold)
- Harming buyers or sellers in any substantive way
- Actively soliciting a client
If I see something that would harm others if allowed to continue, I would report it. Otherwise, it seems like an exercise in futility, and not a great, productive use of time. Yes, they were your photos and someone else is using them, in this case to make a whole lot less money than you did. They even used your description. Again, I don't see how this harms you, the client being served now, your past client, or the public.
I saw comments on that thread about not having mercy, or how it made someone's blood boil to hear this, or how unethical it was, and advice about copyright, etc. I just prefer to think of how difficult it is to make a living doing leases, and how blessed and thankful I am that I rarely have to handle them myself.
Live and let live.
There was no harm done in this case - just simple laziness while trying to make a few hundred bucks.
The likelihood of anything other than an email warning being issued is slim to none, if it gets that far. You might end up doing more damage to your own mental health by worrying about it and expending time and effort on it than you will to this other agent or their livelihood.
Focus on the stuff that matters.
Having sold homes for 17 years and having trained dozens of local agents, I would never counsel someone to re-use photos or text, but I also probably wouldn't "officially" complain if I saw it happen, unless I lost the listing and the next sales listing agent wanted to use my stuff. In this case, I'm guessing the listing agent for the lease stood to make around $300-500 in gross commission on the lease.
Let it go. It will tear you up otherwise.
Thanks for reading!
EDITED FOR CLARITY: There was no mention made in the original post about contacting the leasing agent or his broker directly, which was part of my original problem with the post. If that were part of the scenario, and the other agent reacted badly, or refused to comply, I would have understood the desire to take it further. Instead, the implication was that the "victim" was planning to take it to the Board/MLS and the real estate commission while assuming wrongdoing.
I think we owe each other the benefit of the doubt in a case like this. It's possible that this is a brand-new agent who make an honest mistake. It's also possible that the owner emailed the photos and description and said, "Please use these." My point is that it's best not to rush to judgment without even bothering to call and inquire (and educate if needed). I never justified the fact that the photos were re-used. I simply think it's wasteful to pursue it, particularly if you don't know the whole story.
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