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Pole Pictures - Getting that Ocean View

By John Hokkanen

Real Estate Agent with SurfTheTurf.com

December 23, 2007 02:30 PM

I took some pole pics at a the rentals in Carlsbad, and I thought I would share a ground-level picture and a pole picture that's up about 35-38 feet. Our new pole only goes to 24ft, but a climbed up a hill to get the extra height.

Here's the first photo taken from the ground behind the unit.

Ocean view - Encinitas Properties

Not a bad view at all. But I wanted to show where these units were located, and the pole was the best way to do what I wanted. Here is the revised photo from the pole.

Encinitas Homes and Real Estate

Even though this is further away, the angle gets the big ocean thing happening. Plus, the trees provide really nice framing, and I like seeing the water between the branches.

Feel free to ask questions if you have any.

John Hokkanen, Encinitas Real Estate

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Lee Jinks

Jinks Realty - McAllen, TX

My little brother pointed out something about my PAP photos that I hadn't thought about. The new owners (or anyone for that matter) will never see the house from that perspective. I realize that this photo is designed to help the potential buyer get a perspective on the location of this property, but something occured to me. Can one really see the ocean from this property? Or do they need to climb a pole to see the ocean?

Dec 23, 2007 03:18 PM

John Hokkanen

SurfTheTurf.com - Encinitas, CA

Encinitas Real Estate

Yes, the first picture showed you that you could see that ocean. Not to the extent that you can from the pole, but you can see it nonetheless. In my opinion, it's all about how you represent your photos.

I've taken pictures from helicopters in order to show proximity to the downtown and to the ocean. I don't think there's anything wrong with that; no one has any illusion that the view from 500 ft comes with the property.

Here's where I think people could go wrong a bit....If you shoot it from 10-15 feet, people that look at the photo might not be able to tell that it's a pole photo, and if you advertise the photo as being the view, then you're in trouble. Now, from where I took the picture, I don't think there is any doubt that the home isn't in the trees. Since I'm using the photo to advertise the location of the community, not the view from the particular home, I'm completely OK.

John H.

Dec 23, 2007 03:30 PM

Lee,

You also raise an interesting question....At what point do you need to put a "Pole Photo Disclaimer" on your marketing. I have a "photos have been digitally enhanced" disclaimer on my brochures. Maybe the fine print should say something like, "The views expressed in the brochure photos may not the ones that you behold." (Sort of a funny play on the movie disclaimers that the views expressed may not be held by the producers...) Of course, no one does this with helicopter photos...the question is, "Will the consumer be confused into believing that this is the view that they get." I wonder if anyone has ever gotten into trouble in this regard by publishing a photo and saying nothing about it. (Obviously you can get into trouble if you misrepresent the photo, but what if you say nothing?)

Dec 23, 2007 03:35 PM

John, I was just raising a question. I don't think there is anything wrong, nor do I think a disclaimer is needed.

I think the lower PAP pictures of listings I shoot look better than the ones looking down on the house, so many times people don't realize the photo is being taken from a higher points even though they do notice something different about the picture. I like that. Other times people do notice that the photo was taken from a higher point and ask if I took it from the plane. They don't realize that a picture like that would be extremely difficult from a plane or even a helicopter for that matter.

I don't think anyone would expect to see this view from the front or back door. It is obviously an elevated photo. Aerial photos from an airborne platform are similar in that they aren't trying to show a particular view from the property, but a view of the property and it's relationship to other amaneties like the ocean in this situation.

Dec 23, 2007 11:09 PM

Anonymous

I think it's a great topic. I do wonder if anyone with a 10-15' photo (with no description) has ever gotten in trouble. I think the standard of care might be something like: Would a reasonable person think the view expressed in the photo came with the property? If the reasonable person would (description or not), then I think you have need for words which explain the photo.

Dec 24, 2007 02:57 AM

Sometimes I think we (REALTORS) get too caught up with how we can get into trouble. In our MLS, we allow artist renderings with new construction incomplete homes. One builder used really nice computer generated renderings. Based off this "photo" an agent took the buyer to the house only to see a slab and some dirt. This made the buyer mad and I hear he threatened the listing agent with fraud. In my opinion, it was obviously a rendering of the house, so I would have assumed it was not complete. Being chairman of the MLS Committee, I mediated many discussions about marketing, truth in advertising, listing photos and artist renderings. We settled on allowing artist renderings if the expected completion date was attached to the photo. In my personal opinion, the buyer and his agent were "silly" to think they were going to see a complete house based off what was obviously a rendering. And don't get me started on providing living square feet figures.

I have said all this to say, unnecessary disclaimers make the necessary ones less effective. If the buyer likes the view from this picture and can't obtain that view himself, I'll give them the picture.

Dec 24, 2007 03:48 AM

Maureen Maureen

Orangeburg, NY

The pole picture wins hands down. The tree really adds to the pic.

Dec 24, 2007 06:01 AM

Silly me...now I see. The first picture is from the ground and the second is from the pole. I thought they were both from the pole from different positions. What I like about the pole pictures is that they make some things bigger. Instead of getting a sliver of front yard, it makes it look longer. In your example the ocean is much bigger.

Dec 24, 2007 08:35 AM

Michael Cole

CPG Tours - Corona, CA

I’m no attorney, nor do I play one on TV. But I don’t see where this could be considered deceptive or misleading at all.

Now, when people go in and start digitally removing power-poles, fences, or other visually offensive objects…that’s deceptive.

Great photo comparison, John.

Just my 2¢

Feb 26, 2008 10:51 PM

Pole Pictures - Getting that Ocean View

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