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estate agent's advertisement

I agreed to a sale of my property (STC) and from the outset we did not want for sale boards etc but the estate agent has just used a picture of our property on the cover of a flyer that they stuck through every door on the estate where i live (except ours) we only found out wen a neighbour informed us. can they use you details and house on their flyers? I am really unhappy that they did this but the agent refused to discuss it - firm is Property Centre - anyone know if they are allowed to do this?
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Comments

  • marksoton
    marksoton Posts: 17,516 Forumite
    Well this is a new one....

    Do you want your property marketed to achieve the best price or not?

    Though if people already live on the estate i'd imagine they'd be limited interest....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Did you sit down with the agent at the start and discuss marketing in detail? What methods they would/would not use?

    If not, then they have just done what they think (rightly or wrongly!) is the best way to sell your property which is what you will be paying them to do.

    If however, along with discussing the board you also discussed leafleting and instructed them not to, then you have grounds to 'have a go' at them (though you can hardly make any legal claim unless you can prove that the leaflets have led directly to a loss eg the burglar made a written statement to police "It's a fair cop guv. I saw this leaflet and so checked out the property which was unoccupied so that's why I broke in."
  • Lunchbox
    Lunchbox Posts: 278 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    From they way I'm reading the OP, the property had already sold, and the flyers are marketing for the agent, not the property?
  • pmlindyloo
    pmlindyloo Posts: 13,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You might want to have a look at the contract you had with your estate agent.

    There is, sometimes, a clause relating to how they use the photos from your property for marketing purposes including the use of marketing flyers etc.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Lunchbox wrote: »
    From they way I'm reading the OP, the property had already sold, and the flyers are marketing for the agent, not the property?
    Ah maybe. Not clear.

    But same principle applies. Did the OP discuss/prohibit use of his property in subsequent marketing?

    Has he checked his contract with the agent, in which he may well have agreed? (it's amazing how few people read contracts before signing.......)
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    I can understand why you are annoyed, after saying you didn't want the publicity!

    But look on the bright side - you've got a buyer so fingers crossed you'll be outta there in a few weeks anyway
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pmlindyloo wrote: »
    You might want to have a look at the contract you had with your estate agent.

    There is, sometimes, a clause relating to how they use the photos from your property for marketing purposes including the use of marketing flyers etc.

    Seems unlikely that the agents would exclude the possibility of using their own photos in their own marketing. The default, after all, is that anyone can take a photo of your house if they want.
  • Yup, property sold though STC, I appreciate that my next door neighbour would be unlikely to be interested in buying my property. This advertisement was for the exclusive benefit of the estate agency - reason for the query is that we expressly agreed no marketing boards etc. So to find that this agency were using the property for their advertisement purposes just annoyed. I do however agree with the posts - let it alone and move on.
  • marksoton
    marksoton Posts: 17,516 Forumite
    I have to ask, why?
  • kinger101
    kinger101 Posts: 6,573 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It won't be your property for much longer, so it's not really worth losing any sleep over. Though I guess the agent knows it would have been courteous to get permission.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
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