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Is Taking a Photo from Your Car An Ethics Violation?

By
Real Estate Agent with The Gasset Group & Get It Done For Me Virtual Services 13253167-SA00

There was a featured post written by an AR member that I admire and respect of which I did not agree with. Then Lenn Harley wrote a counter point post in response to that post. 

 

One of the gripes the original blogger had was that of agents who take a photo of a listing from the inside of their car. How would he know that? From the piece of window that the agent did not crop out of the photo before putting that photo in the MLS. 

 

Lenn's reply comment was along what my thoughts are on the subject. 

 

Being a photographer is not a part of the real estate licensing laws of our state nor any other state of which I am familiar with. 

 

Being a photographer is also not a prerequisite to any ethics adherence clauses. 

 

Photography is also a very subjective art form and levels of what is considered professional or "good enough" will vary from person to person. 

 

The ultimate person who decides whether the photos that are taken from a car or however else is the seller. The seller gets to decide if he or she wants other photos or redo the photos. 

 

Real estate photography agent coaching seo for real estate agents seo for agents

 

One of the first things we do when we take a listing is to ask the sellers if they have any photos that have of their home that they would like us to use. 

 

Then after that, we discuss the importance of photos and the first impression that they will make to potential buyers online. We then schedule a time to take the photos of the listing. 

 

We believe and so have ALL of our sellers that the photos we have used in our marketing are good enough for the end result we hope to attain. 

 

However, this is again, subjective. 

 

So we could spend hours ( and we have) to edit photos to get the right lighting, the right angles, the right coloring, the right saturation, etc, only to discover some other agent things we did a crappy job of it. 

 

To some agents the photos would never be good enough unless that agent was the one taking them or hiring the photographer to take them. 

 

This is such a relative situation because egos and opinions are involved.

 

If the listing is going to sell within 3 to 12 hours you may not even need a picture! 

 

All those agents crying foul at "no photo on the mls" may not even have considered the listing is already under contract perhaps even before it was entered into the MLS. 

 

There is no ethics violation nor any state law violation in the quality or quantity or the mechanism of which the photo was taken. 

 

Is it hurting the seller if the photos are taken from the agents window in their car? That is up to the seller to decide. The seller can request more photos be taken. 

 

Photos are not the only things that sell houses. Yes, buyers love to look at photos online but in many markets that is not the only way homes get previewed or sold. 

 

 

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In real estate we service Utah County, Salt Lake County, Wasatch County, Tooele County. This includes many towns and cities. Some of which are: Provo, Orem, Salt Lake City, Draper, Springville, Spanish Fork, Payson, Lehi, American Fork, Vineyard, Saratoga Springs, Eagle Mountain, Pleasant Grove, and more. 

Katerina Gasset is a real estate agent who is also a digital marketing strategist, website designer and consultant for real estate brokerages, agents, entrepreneurs and small business owners. She is also the owner of Get It Done For Me Virtual Services. 

Katerina is a Certified AI Marketing Specialist. She can help you with ChatGPT, Content at Scale, Neuronwriter, prompting, and many other AI tools. 

She develops products and online courses to empower real estate agents to reach their marketing, SEO, social media and branding goals. Katerina Gasset is a blogger, author, podcaster, and keynote speaker.  

Text Katerina with your name + number to work with her:

 561-502-1577 

 

 

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Comments(38)

Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Tammie White Tammie- I know that you are a very professional and 100% + service delivery style of agent. When you get in front of a seller, you can educate the seller about what kind of service and marketing plan you offer. 

We won't put photos that will not be good to show, such as ugly bedrooms and dirty bathrooms. Master bedrooms might be important to buyers but the bed should be made and the light should be good to take the photo. If the master bedroom is too ugly I won't put it in. :)

It is the seller's responsibility to ask to see a copy of the MLS report. I have yet to meet a seller here who does not ask about the marketing of their property and where, how, etc. 

You can't make a blanket statement like that and be correct. There are plenty of sellers who understand what has to be done to sell their home. There are plenty of sellers who understand what to ask for and what to question. There are plenty of sellers who voice their dissatisfaction and we know that one, because our ears have heard their words when their listings don't sell as fast as they would like. 

Sep 17, 2014 10:18 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

Katerina, I appreciate the vote of confidence. Just like all agents aren't created equal, neither are sellers. As we often see, some sellers are more educated about the process than others. As a result of the posts I've read regarding this subject over the last few days, I will make it clear to both my buyers and sellers that we provide a superior level of service that is reflected in everything we do. If I don't tell them, who will?

Sep 17, 2014 10:27 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Katerina, your point is well made. Photography is most definitely subjective, and surprisingly, many sellers have no idea how their property is being marketed. However, it is a fact that poor photography often eliminates a property before anyone ever walks in the door - unless market conditons dictate that it will sell even if no photo is ever posted (which in the St. Augustine Board is a big no-no, as I just learned when posting a listing there also and we couldn't figure out how to load the photos, so let it go over the weekend). Thanks for always giving the 'other side of the story' :)

Sep 17, 2014 10:50 AM
Michelle Minch
Moving Mountains Design Home Staging, Pasadena, CA - Los Angeles, CA
Home Staging Los Angeles and Orange County, CA

Katerina Gasset: I think you misunderstood what I said. "I think listing agents that don't invest in professional photography equipment (with a nice wide angle lens) or a professional photographer are doing themselves and their clients a grave disservice".... I have no problem with agents that do as you do and " spend hours ( and we have) to edit photos to get the right lighting, the right angles, the right coloring, the right saturation, etc," 

I have a hard time with agents who put bad pictures up on the MLS...the agents that invest little or no time to take good pictures, edit them, etc.

I was agreeing with you :)

Sep 17, 2014 12:03 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Sharon Alters  Sharon- I am surprised to see agents say that so many sellers don't know how their homes are being marketed. That would not go over very well in our town. Most of the sellers we work with are very adamant about marketing their properties and checking on the photos, etc. 

Here in many of the price ranges you really don't need to worry about photos so much. Most people here already know what the properties look like. It is those that don't live here that depend more on the photos for first impressions however, most agents I know will go and take photos of the property themselves and send them to their buyers. Our MLS has the rule- at least one photo. 

I am not a person who would not take bad photos- too much pride here:). It is afterall a reflection of my work and who I am so photos and my writing are very important to me and in so being, benefits our sellers. 

However, the whole point of my post is that it is not unethical and it is also very subjective, and we are too quick to judge, myself included. Something I have promised to work on. 

Sep 17, 2014 01:09 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Michelle Minch Sorry:) 

Sep 17, 2014 01:10 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Tammie White 

Sep 17, 2014 01:11 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Peggy James Peggy- See my comment to Tammie White. 

But to answer your questions, we don't take awful photos but our agents have shown and sold plenty homes that have either only one photo and many that have awful photos like the ones you describe. 

In our areas as popular as they are- I see many homes and condos sold with photos of toilet seats up. That does not deter a serious buyer who is actually looking for a very specific property or in a buyers market like we are in where you would not even need a photo to get most homes sold. 

Of course, Nestor and I do not take that approach for our listings but that is not the point. 

I think that it reflects on the pride of your work but that is for that agent to deal with not me to judge them nor to accuse them of ethics violations. 

Sep 17, 2014 01:16 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Fred Carver-Top Realtor Victoria, BC Fred- I agree that you should not over photo shop. I like to jazz my photos up a bit with lighting and shading, colorizing and such. Not actually changing the house:) 

  Richard Weisser   Richard- I agree. We also don't know what is going on inside a person's head or in their lives.. we often are too quick to judge. 

 Troy Erickson  Troy- Yes. It is best in my opinion as well. 

    Susan Emo Susan We take our own photos of our high end homes and like you said, that is a business decision between us and our sellers. Both Nestor and I take good photos and I edit them and so does my VA team. We all work together to show our listings in their best light, pun intended. :) 

Sep 17, 2014 01:23 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Kate McQueen, SRS  Yes, when we mind our own business, we are much happier and server our sellers better. :) Thanks for commenting. 

Sep 17, 2014 01:24 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Seems like there is always somebody wanting to scream "This is a violation!" or "This is against the law" when they don't know what they're talking about. 

Those people need to go get a new hobby. 

Sep 17, 2014 01:59 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Marte Cliff  I agree with you. :) 

Sep 17, 2014 02:19 PM
Raymond E. Camp
Ontario, NY

Good morning Nestor and Katerina,

A picture is worth a thousand words and should represent what the caption will be.

As long as you are not plagiarizing where would ethics become involved.

Make yourselves a great day.

Sep 17, 2014 09:05 PM
Brigita McKelvie, Associate Broker
Cindy Stys Equestrian and Country Properties, Ltd. - Lehigh Valley, PA
The Broker with horse sense and no horsing around

Good morning, Katerina!

The issue about the photos and information about the property is simply between the Seller and the Agent.  The Seller is the one that determines whether or not the photos should be used on the listing.  What I do is enter the photos and info into my website, then send a copy of it to the Seller for their approval.  Once approved, I then enter it into the multiple sites and MLS's.

Brigita

Sep 17, 2014 10:05 PM
Roy Kelley
Retired - Gaithersburg, MD

Poor marketing and bad photographs are not usually ethical violations. Smart home sellers will take a close look at the previous marketing efforts and photographs used by prospective listing agents. 

Every now and then, there are sellers that do not want to show interior photographs.

Regardless of the number of photographs, there is no good excuse for poor photographs.

Sep 17, 2014 11:38 PM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

When a staging client asks my opinion on choosing an agent, one of the things I recommend is that they look at an agent's listing photos when they are considering hiring them.  I believe the quality of the photos says a lot.  

Once they choose an agent, sellers should review the photos of their home intended for mls and speak up if they don't like what they see.

I don't understand the continued listing of poor quality mls photos.  I think some of it IS laziness,  and/or a lack of marketing skill, and just plain ignorance.  I applaud your stand that there could be reasons for bad pictures and we shouldn't be so quick to judge an agent for posting them.  However, their name is attached to those bad pictures and if they consistently post bad pictures it will reflect poorly on their name....on their branding.

Sep 18, 2014 12:26 AM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Nestor & Katerina Gasset I have not seen the post to which you are referring. But I agree with you that poor photos is bad marketing not an ethics violation.

Sep 20, 2014 02:17 AM
Jackie Hawley
Coldwell Banker Professionals - Oxford, MI
Southeast Michigan Real Estate

I agree no breach of the code of ethics, but do have to disagree that the photo quality is between seller and listing agent. The MLS is for agents. Agents to market to other agents. A source for comps when doing a CMA, and a source of comps for appraisers. When agent A takes a couple crappy photos of a very nice house that can affect the appraisal for a neighbor. Our MLS has very few requirements- at least one photo from the road side. It's not much but better than no photo, and a good starting place. We have enough appraisal problems in our area - bad photos and little or no remarks don't help the situation.

Oct 20, 2014 05:25 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Jackie Hawley Jackie- actually appraisers are not supposed to depend on photos from the MLS. They are actually supposed to take their own photos of the subject property and the comps. :) 

Oct 20, 2014 07:21 AM
Jackie Hawley
Coldwell Banker Professionals - Oxford, MI
Southeast Michigan Real Estate

Hi,

How do you get a link  back to us in the comments? I should do that :)

Appraisers can't tell anything about the inside of the house if the photos are lacking and little to no remarks. 20% of our lakefront listings don't even fill in the water name search field. A handful of lakefront listings don't even have them listed as a lakefront.... Others you can tell have a walk out basement from the 1 photo, but not in the search criteria. 

An appraiser can't really go and preview the inside of homes that have already closed. The MLS was originally for brokers, agents and appraisers. We aggregate our listings to other vendors from the MLS so now advertising can be included in its purpose. Personally, I wish our MLS would demand a minimum of photos and remarks.

Oct 20, 2014 07:31 AM