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Is It Okay To Use Other Agent's MLS Photos?

By
Real Estate Sales Representative with BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE

Last year, in May, 2015 I had a property listed which was sold by another agent.  His client was an investor and wanted to rent out two units in the home.  Even before the home closed, it was posted on Kijiji.ca (similar to Craig’s list) for lease. 

My client happened across it by accident, and lo and behold he stole all the photographs I bought and paid a photographer for and was using them.  Not only did he steal my photographs without my consent, he also plagiarized the description of the property I used on my original listing.   To make matters worse, some of the photographs he posted on the internet contained photos of my client’s children, and my client was furious.

I contacted this agent by phone and asked that he remove the photos immediately, as he did not have my permission to use them, not to mention his flagrant disregard of privacy by posting photos containing my client’s children.  He removed them and apologized.

Just this past Friday, I noticed the home was back on the market again, this time for sale.  And surprise, surprise, there were all my photographs once again, and photos of the children posted on the internet.  He once again copied and pasted my property description word for word, in essence plagiarizing them again.

My client was beyond furious, as was I, as this agent had crossed the line yet again…my client phoned the agent asking that he please remove these photos, as he was posting photos of her children on the internet and according to my client, he was extremely rude to her.

I sent the agent an email immediately (Friday afternoon) which I copied his Broker of Record on, asking that he please remove my photos.  He still had not removed them by Saturday late afternoon.  I emailed him again at 4:35 p. m. asking him to please remove the photos or I would be forced to pursue this further.  He responded at 6:05 p.m. and told me he had been “busy” and did not have the time as he was having dinner guests for a birthday party.

I emailed him back again saying it was a lame excuse as it only take a minute to log in to the board and remove the photos, or he could had his front desk staff do it any time all day on Saturday.  I reiterated how upset my client was and she was threatening to call her lawyer, and file a complaint with RECO. 

About 45 minutes later he emailed me saying   “it was done 2 hours ago.  Sorry. But u guys need to get a life.  I would never give an agent a hard time over this.  As a matter of fact many agents have used my photos in the past.

I checked the history on the listing and he removed the photos minutes after my last email to him…I guess the threat of a complaint to RECO finally got his attention.

There was no apology, to me or my client, nor any inkling of an admission or acknowledgement that he had done anything wrong.  Our real estate board has a specific clause in our rules that states you cannot use another's agent's marketing material, photos, etc., with the express consent of the agnet who owns them. He was only annoyed that I pushed him to remove the photos.  

What I don’t understand is why an experienced agent would take the risk of behaving in such an unethical and unprofessional manner, especially when he had already crossed this line before.  He clearly didn’t understand the significance of, or more upsetting, that he probably didn't care about posting personal photos of someone’s children on the internet, using someone else’s photos without consent and plagiarizing my content.  

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Mississauga and Streetsville Real Estate


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