MLS Listing Photos

[vdo]

California

I am trying to get some photos removed from MLS. The contacts @ MLS stated that the listing agent needs to give authorization to remove the photo. However, state law and their own website only indicated that a 3 year photo listing hold period after sale is required. What can I do to have the photos removed? The photos have been there for over 3+ years. The listing agent is not responding so they are not removing the photos. Thanks

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Dear Members,

It has been brought to our attention that the SFAR MLS has been receiving requests from members to remove MLS photos shortly after a listing has closed.

The Following Has Been Prepared By SFAR Legal Counsel, Alex Weyand:

Unfortunately, the SFAR MLS cannot comply with these requests.

It is prohibited by law. California Civil Code section 1088(c) regulates and prohibits all MLSs statewide from deleting information, including photos, after close of escrow for a period of 3 years from the listing date.

“A multiple listing service shall retain and make accessible on its computer system, if any, all listing and other information placed in the multiple listing service by an agent or appraiser for no less than three years from the date the listing was placed in the multiple listing service.” (Cal. Civ. Code, § 1088(c).)

SFAR and its MLS staff must follow the law.

SFAR’s MLS staff thus cannot remove any photos placed in the MLS for 3 years from the listing date, no exceptions.

Please be understanding in your dealings with SFAR MLS staff on this point. This is not their choice; it is the mandate of the California Legislature.

Thank you for your consideration regarding the above.

 

[quincy]

Do you have a good reason for the deletion?

Generally to get photos deleted from anywhere, you must contact the holder of the copyrights.

 

[FlyingRon]

California

I am trying to get some photos removed from MLS. The contacts @ MLS stated that the listing agent needs to give authorization to remove the photo. However, state law and their own website only indicated that a 3 year photo listing hold period after sale is required. What can I do to have the photos removed? The photos have been there for over 3+ years. The listing agent is not responding so they are not removing the photos. Thanks

--------------------
Dear Members,

It has been brought to our attention that the SFAR MLS has been receiving requests from members to remove MLS photos shortly after a listing has closed.

The Following Has Been Prepared By SFAR Legal Counsel, Alex Weyand:

Unfortunately, the SFAR MLS cannot comply with these requests.

It is prohibited by law. California Civil Code section 1088(c) regulates and prohibits all MLSs statewide from deleting information, including photos, after close of escrow for a period of 3 years from the listing date.

“A multiple listing service shall retain and make accessible on its computer system, if any, all listing and other information placed in the multiple listing service by an agent or appraiser for no less than three years from the date the listing was placed in the multiple listing service.” (Cal. Civ. Code, § 1088(c).)

SFAR and its MLS staff must follow the law.

SFAR’s MLS staff thus cannot remove any photos placed in the MLS for 3 years from the listing date, no exceptions.

Please be understanding in your dealings with SFAR MLS staff on this point. This is not their choice; it is the mandate of the California Legislature.

Thank you for your consideration regarding the above.

 

[quincy]

vdo said it has been over 3 years. The listing agent or listing agency should be contacted again, until there is a response. The agency more than likely holds all rights in the photos.

A problem is that the MLS is not the only place where the photos are likely to appear.

 

[STEPHAN]

The listing agent is not responding so they are not removing the photos.

Contact his broker. The listing legally belongs to the broker, not the agent.

 

[adjusterjack]

However, state law and their own website only indicated that a 3 year photo listing hold period after sale is required.

What you have posted does not obligate anybody to remove the photos after 3 years.

 

[quincy]

And, even if the listing agency requests that the MLS delete the photos and listing and the MLS deletes the listing and photos, this will not delete the photos of the house that have been published by sites like Zillow or Trulia or the photos published by the real estate agency in their marketing material.

Photos of the exterior of the house do not have to be removed.

 

[zddoodah]

I am trying to get some photos removed from MLS. . . . What can I do to have the photos removed?

For starters, you could tell us what these photos have to do with you, why you want them removed, and where you want them removed from (a website?).

state law and their own website only indicated that a 3 year photo listing hold period after sale is required.

If you're talking about Civil Code section 1088, the words you quoted are clear that it is of no benefit to you: "shall retain and make accessible on its computer system . . . for no less than three years."

 

[quincy]

The reason for wanting the photo(s) deleted from the MLS database is important but there is another option available that might be just as good as deletion.

The MLS has a privacy option which removes the photos and the listing from public view. By switching from public to private, it prevents the MLS listing from further syndication (to sites like Trulia and Zillow). Only MLS member Realtors have access.

Of course, this does not remove the photos and listing from other sites where the photos and listing may now appear.