Estate Agent Reuse of Photos

emma203

To clarify - the images show the house before I cleared it so they have all of my mother's furniture and personal possessions in situ. There are no new pictures to show how it currently looks, which could make for some interesting viewings. 

I fully accept that this is now someone else's home, and if the images just showed empty rooms this wouldn't really bother me, but it isn't "their" home that is being marketed, it's my mother's. 

Not so easy to just ignore when the situation involves your own bereavement - I know I have no rights over these images (as a photography student I'm well versed in copyright) but I will be writing to the agent to ask them to appeal to their client to have their own images taken and to stop and think when they plan to use such images in future. 

Jonboy_1984

I would write to rightmove with an explanation and let them deal with the EA https://faq.rightmove.co.uk/support/solutions/articles/7000048769-can-you-remove-my-property-from-the-sold-price-information-

GDB2222

emma203 said:

To clarify - the images show the house before I cleared it so they have all of my mother's furniture and personal possessions in situ. There are no new pictures to show how it currently looks, which could make for some interesting viewings. 

I fully accept that this is now someone else's home, and if the images just showed empty rooms this wouldn't really bother me, but it isn't "their" home that is being marketed, it's my mother's. 

Not so easy to just ignore when the situation involves your own bereavement - I know I have no rights over these images (as a photography student I'm well versed in copyright) but I will be writing to the agent to ask them to appeal to their client to have their own images taken and to stop and think when they plan to use such images in future. 

Fair enough. Given that a year has gone by, I wonder whether the buyers are mid-refurbishment, and the agents don't want to show pictures of a building site? 

tooldle

Is the house actually for sale? I spotted my house advertised as for sale, with the same pictures as used, when I bought it two years previously. I phoned the agent and asked to view the property. I was somewhat surprised to learn the property was under offer and not accepting viewings! Things took a weird turn when I explained that I not only owned the property but was currently living in it and, was not offering it for sale.  The excuse…….. the agency had changed hands and the new owners had no record of this property having previously been sold. Basically things were slow and they were using old adverts to pad out their website and, got caught red handed. 

emma203

Jonboy_1984 said:

I would write to rightmove with an explanation and let them deal with the EA https://faq.rightmove.co.uk/support/solutions/articles/7000048769-can-you-remove-my-property-from-the-sold-price-information-

Thanks for this suggestion - I've emailed Rightmove.

In this case, the current estate agent is actually the same one that I used, which somehow makes it worse as their records will show it was a probate sale so they can't claim ignorance. 

I have to say I am a little surprised they are acting for the seller in the first place as he was a nightmare buyer who reduced their receptionist to tears on more than one occasion - it definitely hasn't been resold in the interim as I'm still in contact with the neighbours. 

emma203

tooldle said:

Is the house actually for sale? I spotted my house advertised as for sale, with the same pictures as used, when I bought it two years previously. I phoned the agent and asked to view the property. I was somewhat surprised to learn the property was under offer and not accepting viewings! Things took a weird turn when I explained that I not only owned the property but was currently living in it and, was not offering it for sale.  The excuse…….. the agency had changed hands and the new owners had no record of this property having previously been sold. Basically things were slow and they were using old adverts to pad out their website and, got caught red handed. 

That was one of my first thoughts, although the asking price has increased by £10 k.

I can't pull the "just making inquiries trick" as I know I'd have to register all my personal details with them before they'd even discuss a property. 

I've sent the agent I dealt with a very polite email asking him to replace the images in the circumstances, so will see how he responds. 

eddddy

emma203 said:

but I will be writing to the agent to ask them to appeal to their client to have their own images taken and to stop and think when they plan to use such images in future.

Maybe the bit in bold sounds a little aggressive. You're asking the estate agent to make a goodwill gesture to you

Obviously it's a difficult situation, but maybe people are more likely to 'do you a favour' if you ask them as nicely and politely as possible.

Maybe if they refuse initially, you can try getting a little more assertive.

RHemmings

eddddy said:

emma203 said:

but I will be writing to the agent to ask them to appeal to their client to have their own images taken and to stop and think when they plan to use such images in future.

Maybe the bit in bold sounds a little aggressive. You're asking the estate agent to make a goodwill gesture to you

Obviously it's a difficult situation, but maybe people are more likely to 'do you a favour' if you ask them as nicely and politely as possible.

Maybe if they refuse initially, you can try getting a little more assertive.

I agree. Asking them to change their actions in the future for properties not related to the OP is perhaps a bit much. I feel that the OP asking for the OP's case to be considered is reasonable. 

emma203

I'm not sure that I really want to get into a debate about what should/should not be included in my message to the agent, but please be assured that those are not the precise words I used and that I was exceptionally polite. 

However, I think it is perfectly reasonable to explain the impact that someone's actions have had and to suggest that they consider how the situation might be avoided in future. Not making demands, just trying to look out for others (including the reputation of the business) in my book. 

FreeBear

chanz4 said: The copyright belongs to the person taking them, also if nothing has changed in the house be no different

It depends - If the photographer is employed (or under contract), copyright belongs to who ever is paying (depending on the exact wording of any contract).

There is a possibility that the vendor (the OP in this case) owns the copyright, but it is down to the small print in the original contract between the EA and the vendor.