Taking Pictures of Homes and Apartments For Advertising

[ButchCasidy]

I am designing my own advertising brochures, showing what homes or apartment buildings sold for recently in the neighborhood.

I am NOT using MLS pictures or other peoples pictures. Using my own pictures and description.

I'm actually going out to the properties from the street and taking my own pictures.

Then using them on my advertising brochures explaining what sold and when.

Is there anything unethical about this ? is there anything illegal about this ?

So far most info points to its OK to do, however since its for commercial purposes , its a little different.

What is the name of your state (only U.S. law)? California

 

[quincy]

I am designing my own advertising brochures, showing what homes or apartment buildings sold for recently in the neighborhood.

I am NOT using MLS pictures or other peoples pictures. Using my own pictures and description.

I'm actually going out to the properties from the street and taking my own pictures.

Then using them on my advertising brochures explaining what sold and when.

Is there anything unethical about this ? is there anything illegal about this ?

So far most info points to its OK to do, however since its for commercial purposes , its a little different.

What is the name of your state (only U.S. law)? California

Based on what you have said, there is nothing illegal in what you are doing. Just don't trespass on private property to take your photos. Any inanimate object you can view from a public vantage point is (with very few exceptions) okay to photograph and publish. Sale prices of homes are public records and can likewise be published.

 

[adjusterjack]

Ethical?

Depends on your definition of ethical. You would probably annoy the heck out of somebody who sees you using a picture of their house to make money.

Illegal?

No.

Apparently not even actionable according to the US District Court in CA that ruled in 2010 that a photograph of a house in an advertisement for mortgage services was not unlawful under various federal and state causes of action.

Read the decision:

https://scholar.google.com/scholar_case?case=239058638150964347

However, that you are right doesn't prevent the lawsuit from being handed to you and, trust me, the parties to that lawsuit spent barrels full of money on it.

Do you want to spend barrels full of money defending your right to use a picture of somebody's house to make money? If you are prepared for that, then feel free.

 

[quincy]

I see no good reason to worry.

What is proposed is neither illegal nor unethical. It is less information than is available in a multi-listing book and published online regularly by many/most Realtors.

The likelihood of any suit arising from a publication of photos of homes taken from a public vantage point with the corresponding selling prices of these homes is negligible.

Insurance coverage, important for any business, should lessen any concern.

 

[adjusterjack]

Insurance coverage, important for any business, should lessen any concern.

Correct.

Properly written business liability insurance often includes advertising liability coverage.

After all, negligible does not mean impossible.

 

[ButchCasidy]

Thank you for the great information!!!

 

[quincy]

Thank you for the great information!!!

You're welcome, ButchCasidy. We both appreciate the thanks, so thank you.

I wish you success with your advertising brochures.