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Leelanau and Benzie County Michigan

AM I CRAZY?

By: Mary DeWitt
Thursday, February 07, 2008 9:30 AM

Another agent used my pictures of a home I had listed when she relisted it!

Is this a normal thing?  I have never done this.  ISn't this like stealing anothers advertising and marketing!

Not only that I use the lake pictures ( very unique sunset) in other advertising I do that doesn't even have the home it it.  She is using that to. Here brochures too!  Now I have to go an undo all my stuff.?????

Is this ok or am I crazy!!!!

 

 

 

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Comments

Cathy  Clark
Member Since '06

Cathy Clark said:

Not cool, Mary.  Our MLS has notified all members that pictures are the property of the Agent and not to be re-used by another without written permission.  

Check with your Board.  They probably have a similar restriction.

February 7, 2008 8:53 AM
Chantal Gakwaya
Member Since '06

Chantal Gakwaya said:

Usually I wouldn't really care if someone else used my photos. If you are using them for other advertising I would ask the agent to stop using your pictures.

February 7, 2008 8:54 AM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

No, it is not okay. Lazy agents are never acceptable.

Neither is stealing your property.

First, go to your broker. Then hers. Then your Association.

She needs to undo HER stuff. (I mean YOURS.)

We have an agent here who takes gorgeous pictures of her subdivision at sunset. Another agent lifted and began using on her ads. The agent whose property the photos was had her attorney write a C and D letter and it stopped the other agent.

February 7, 2008 8:56 AM
Mike Farmer
Member Since '03

Mike Farmer said:

Laziness, ignorance or apathy -- whatever, they need to be called on it.

February 7, 2008 9:38 AM
The C Team
Member Since '04

The C Team said:

That is pure laziness.  I have seen pictures used, but usually with permission.  Per our MLS rules, our pictures are owned by the Local Board.  

Darcy

February 7, 2008 9:56 AM
Cal Griffin
Member Since '06

Cal Griffin said:

Two words-Lazy and Looooser

They need to get a life!

http://www.calgriffin.com

February 7, 2008 10:06 AM
Cyd  Weeks
Member Since '05

Cyd Weeks said:

I agree, no it is not 'ok'.  Our board also recently sent out a notice to remind everyone that it is not ok to use other people's pictures even if you find them on the internet.  It can be quite a costly practice to the abuser.  She needs to accumulate her own marketing materials unless you have given her written permission unless the seller took those pics.

February 7, 2008 10:18 AM
Sharron and Steve Lobman
Member Since '06

Sharron and Steve Lobman said:

Unbelievable! I agree with Candice--call her on it!

February 7, 2008 10:27 AM
Velda Miller
Member Since '03

Velda Miller said:

I had a property listed last year $200K+ home that had never been lived in even though it was over a year old. My pics shows a vacant house.  It was a co-op sale.  The people who bought it rented it out.  Fast foward to earlier this week. I get a call from the secretary at the board because an agent who is now going to list the home wanted to know if it would be OK to use my pictures because the vacant house pictures will look better than it does now with all the tenant's stuff in it.  I said no. I felt that using pictures that were a year old would be misleading to prospective buyers and other agents.  Interesting too that it isn't going to be listed by the agent/company who handled the sale before.

February 7, 2008 11:10 AM
Carol and Steve Coldwell Banker Parker Realty
Member Since '05

Carol and Steve Coldwell Banker Parker Realty said:

Not allowed here either.  I would definitely follow up on it.

February 7, 2008 11:20 AM
Rob Moen
Member Since '07

Rob Moen said:

Great Post Mary!

the best one that i have ran across is another Broker that picked up one of my expired listings.  He "highjacked" my virtual tour.  I called the other Broker on it, he played it off like his assistant did it by mistake.  I gave him the option of buying the tour & he jumped on it.  At least I made a little money off the tour.  

Since that issue, I have been removing all photos & tours prior to withdrawing the listing.

Can you believe that?

Rob

February 7, 2008 12:13 PM
Nate Covington
Member Since '07

Nate Covington said:

Mary, your photos are personal property.

If she would have asked for permission, I probably would have let her use some of the pictures.

Definitely not the keystone pictures used in the brochure, but maybe some of the basic photos.

But where she didn't even ask I think that equates to theft!  Not only is she lazy but she is inconsiderate and unethical.

Kindly bring this to your brokers attention and your local boards as well.

I certainly would.

February 7, 2008 12:26 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

[Rob sez: I called the other Broker on it, he played it off like his assistant did it by mistake. ]

Ah, the old "It's my assistant's fault" lame excuse.

One old timer out here tried to go behind the sign on a pricey property I had listed, and my owner brought it to my attention.

This broker submitted a straightforward LOI with the commission to be paid to him directly. Just about as perfect a 'bust' as one could dish up.

I faxed a copy of my listing to that broker, with a nice cover sheet telling him that my client would be happy to review his full written offer and I would be looking forward to receiving it.

Got a call from the assistant telling me that the broker was out of town and it was all her fault, and gosh, she was just so sorry!

Since when do unlicensed assistants write letters of intent?

Since when was it not the broker's responsibility to reasonably supervise?

Back in stagecoach days, I suppose that would have flown.

Did we ever get the offer? Nope. Shocking.  :)

February 7, 2008 2:32 PM
Klaus Nicholson
Member Since '07

Klaus Nicholson said:

Hi Mary,

  It is the other agent that is crazy not you.  I have taken 2 photos from the MLS in 3 years and only with the permission of the other agent.  

Realtor, columbus Ga

February 7, 2008 3:59 PM
Millie Rowan
Member Since '05

Millie Rowan said:

Lazy, lazy, lazy!  I take great pride in trying to get good photos of my listings and it would just "burn me up" to find someone trying to "steal" my photos.  If I'm not mistaken, photographs are the property of the photographer.

February 7, 2008 3:59 PM
Norm Fisher
Member Since '06

Norm Fisher said:

Not right at all, and certainly actionable. A 25% referral fee seems reasonable. :)

February 7, 2008 7:15 PM
Cindy Hartman
Member Since '05

Cindy Hartman said:

No Mary...you are NOT crazy...

February 8, 2008 10:52 AM
Gail Fritz
Member Since '06

Gail Fritz said:

Mary -

Check with your board.  My board will allow another agents photos to be used IF it is an agent within the same brokerage firm, if not it's a big no-no!

February 9, 2008 10:30 AM
Gail Fritz
Member Since '06

Gail Fritz said:

Mary - Let me add that it only applies to the photos used in the MLS.

February 9, 2008 10:34 AM
Mary DeWitt
Member Since '05

Mary DeWitt said:

I don't know about you guys but I have a special program that fixes photo's and on a new listing I can spend 2-3 hrs fixing pictures,

like cleaning up the Beach, removing things off a table, removing power lines etc.  ...One of the pictures was a sunset..have to be at the right time and place to get that shot...

Anyway. I called her on it.  She removed them... The seller really wanted them...anyway I let here use some but not the ones I use in my ads.

She even tried to make me look bad to the seller..  I email everything back to him that she sent lol...I don't think she will do it again.

Our mls send out a little reminder not to use the other brokers pictures!

Case closed.  

Thanks for the support.  I really think that people with that kind of nerve think that you will just roll over and walk away.

Guess she doesn't know me very well.

I removed all my pictures from the mls that I'm not using.

February 13, 2008 4:44 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

[Mary sez: The seller really wanted them]

Well the seller should have hired an agent with the skills to do new ones. Or retained and appreciated the agent who took the originals. :)

February 14, 2008 8:40 AM

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