Estate Agent Reuse of Photos

emma203

I completed the probate sale of my late mother's house just over a year ago but have kept a Rightmove alert in place for the village where she lived due to idle curiosity about whether her neighbours are moving and what is happening to house prices in the area.

I was a little surprised to see that the house is up for sale again this week, and then made the distressing discovery that the same estate agent has simply reused all the photos taken 18 months ago which show the interior as it was when my mother lived there. The text is also word for word the same, including the now outdated information that the carpets are newly replaced. If it wasn't for the fact that the price is different, I would suspect a glitch in the system.

I'm not a fan of using the "trigger" word, but it feels like I have been suddenly catapulted back to a time that I would really rather forget involving a stressful process that I thought I could move on from as it was done and dusted. For however long it takes to sell, it feels like my mum's home, and all the memories it holds, has been resurrected months after I cleared it of her personal possessions.

I realise that I will have signed away my rights to these images in the contract, so this is probably a vent rather than a request for advice on what I can do. I also know that "professionalism" and "estate agent" are rarely used in the same sentence but, before I write to the agent involved to register my objections, am I unreasonable to expect a little sensitivity when a probate sale is involved ?

Cashmygiro

Most estate agents are dodge. Around here they blatantly steal photos and descriptions off other agents if you instructed more than one agent to sell your property.

RHemmings

I can understand your upset concerning this. 

You could send an email to the estate agents, asking for them to not use the pictures and explaining your reasons why you request this. 

As you say, you have signed away your rights to the pictures. I'm not a lawyer, but you may have no legal ability to stop this happening. But, you can still ask. 

If I was in your shoes, I would cancel the Rightmove alert, and not look at the house or advertisements concerning it again.

user1977

Who took the photos? If it was the EA then they had all the rights in the first place.

chanz4

The copyright belongs to the person taking them, also if nothing has changed in the house be no different

DavidT67

Who took the photographs in the first place ?  If the estate agent, then you never had rights to them in any case.

I'd be inclined to flag the listing on rightmove as inaccurate, as the photos and description do not reflect the current state and condition of the property, as one assumes the current owners did occupy and update the property !

GDB2222

I’m sorry about your loss, but this is now someone else’s house. It’s really not your business how it is marketed. 

You can ask the agent anything you want, but they may well not take you seriously. Frankly, if it were me, I’d preserve my dignity and ignore the photos. 

ThisIsWeird

Hi Emma.

The house may not have been lived in since purchase, or barely so. If the buyer had updated the house in any way, then surely at least some of the photos would also have been updated? The 'newly replaced' carpets could still be effectively so.

Can you confirm - were these photos taken after you had cleared the house of your mum's personal possessions, or do these still appear in the photos? If her possessions are still on display in these photos, then I can absolutely understand your distress, and a complaint would be in order so that they will (should) replace these photos.

But, if they were taken after you'd cleared the house, as upsetting as this unexpected reminder must have been for you, my take is that it wouldn't be reasonable to complain about this. The description and photos may well remain - within reason - quite accurate. In which case, what would your actual 'complaint' be?

Murphybear

Cashmygiro said:

Most estate agents are dodge. Around here they blatantly steal photos and descriptions off other agents if you instructed more than one agent to sell your property.

I must be lucky.  When I lived in rural Devon the majority of Estate Agents were independent and weren’t dodgy.  

lika_86

emma203 said:

I realise that I will have signed away my rights to these images in the contract, so this is probably a vent rather than a request for advice on what I can do. 

Have you actually checked the wording of your contract re photos?

GDB2222

ThisIsWeird said:

Hi Emma.

The house may not have been lived in since purchase, or barely so. If the buyer had updated the house in any way, then surely at least some of the photos would also have been updated? The 'newly replaced' carpets could still be effectively so.

Can you confirm - were these photos taken after you had cleared the house of your mum's personal possessions, or do these still appear in the photos? If her possessions are still on display in these photos, then I can absolutely understand your distress, and a complaint would be in order so that they will (should) replace these photos.

But, if they were taken after you'd cleared the house, as upsetting as this unexpected reminder must have been for you, my take is that it wouldn't be reasonable to complain about this. The description and photos may well remain - within reason - quite accurate. In which case, what would your actual 'complaint' be?

" If her possessions are still on display in these photos, then I can absolutely understand your distress, and a complaint would be in order so that they will (should) replace these photos."

Can you explain that, please? I don't think there's any rights under DPA/GDPR? So, maybe you have an estate agency code in mind?