Estate agent using pictures of our house to sell another house

baggerstorbay

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davidmcn

baggerstorbay wrote: »

I am presuming that as soon as the house transferred to our name, all the rights of use would too, and as such they would need our permission to use pictures of house in such a way?

You are presuming wrongly. You have no such rights.

antrobus

baggerstorbay wrote: »

...

So the next step is to approach the developer and ask them to instruct the agent to remove the photos, but I wanted to know what the legal side of this was, as I am presuming that as soon as the house transferred to our name, all the rights of use would too, and as such they would need our permission to use pictures of house in such a way?

I think you'll find that there's a picture of your house on Google maps as well. Or there will be as soon as the Google car gets around to it.

In fact I think that anyone can walk down your street, take a photo of your house and do what they like with it. They don't need your permission. Why would they?

mangog

We purchased it 'off plan' as there were no other houses of this type on this phase when we reserved our home. There were the same type on previous phases, and the developer wasn't using images of those to try and sell there.

Interestingly, the online details don't actually state anywhere that the picture isn't the house for sale, it's only when the brochure is downloaded, does the brochure say the word 'Example' next to each photo.

If it's just the online listing I honestly don't see it as misleading, so if that's your main concern I wouldn't worry about it. No one is going to buy the house purely off that one photo on Rightmove.

If it's making you uncomfortable, of course you're within your rights to ask them to take the photos down - but I don't see any legal reason that they should comply.

baggerstorbay

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baggerstorbay

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EachPenny

baggerstorbay wrote: »

We don't want to sue anybody, we're just not comfortable with them using our house to advertise other plots on the development, and at a much reduced price than what we paid. They have others of the same house type on the development that are finished, and think they should be using pictures of those.

Is that the real issue here?

Check through your contract and all the 'legal' paperwork you have been supplied. Pound to a penny there will be something buried in the small print which confirms they have the right to do what they legally have the right to do already.... i.e. use images of properties they have developed as part of publicity/marketing materials.

diggingdude

Out of interest would it be different were there interior photos showing for example pictures of the OP and their family?

HampshireH

Why does it matter to you if they are using a picture of a house they built to sell a different one? This is quite normal practice for new builds.

Your house is an example of their builds.

Also your neighbour would have no say over them using interior photos of their home, taken prior to them moving in.

The didnt own the house and they most certainly don't own the photos.

Copyright doesnt transfer to the homeowner.

All sounds a bit petty to be honest, but I'm obviously just not getting it or I am missing something.

HampshireH

By!diggingdude25th Nov 18, 6:10 PM

Out of interest would it be different were there interior photos showing for example pictures of the OP and their family?

Only if the OP didn't consent to their being taken and the subsequent use of them.

But why would anyone agree to that if they had issues with possible useage.