Using estate agent photos to sell property

[jai_comp]

Hi guys

I am selling a house and and already signed a contract with the estate agents. They have taken photos and put an ad up on their website.

I am also trying to sell the house in parallel on my own privately using the photos they have taken. Do you think if there is any problem/legal issues me trying to use the photos that they have taken?

Many thanks

[Jeannie D]

I think you really know the answer to this. The estate agency owns the copyright of the photographs taken by them. You can only use them if you have first obtained their permission (and possibly also have paid them a fee for use of the photos) - and in the circumstances you describe, it is highly unlikely that such permission would be given.

I understand that you are anxious to sell your house by reaching the widest audience possible but look at it this way....by using the photos, you are in effect using the estate agents' expertise and resources. Surely they deserve to be recompensed for their time and efforts if it results in your house being sold, whether it is the result of their ad or yours?

[IFA]

Jeannie is right, you ought to ask for permission to use the pictures as the agent owns the copyright. However, it is quite likely that you are signed up to a Sole Selling Rights contract (most estate agents have this type of contract) which means that if you sell your property during the contract term, no matter who to including private buyers, then the estate agents are able to claim their fee from the sale.

In this instance you selling your house privately is of no concern or detriment to the agent so they are likely to give you permission to use the pictures as they will benefit from the sale either way.

If you are not on a Sole Selling Rights contract, and therefore the agent can only claim the commission if they sell the house for you to a buyer that they find, then they are unlikely to be happy with you using their photographs for promoting it privately when they could potentially lose out on the fee.

Either way, you should check with them before infringing the copyright that they hold.

[H.T]

Usually the contract with which you have signed with the estate agent will include sole selling rights meaning by whatever means you sell your property the estate agent will gain their commission whilst in the agreed marketing time.

Ideally, permission should be sought to using the photographs but they are essentially pictures of your property - if there is nothing stated in the contract about the use of the photos and ownership I can't imagine there should be any concern about repercussions of using the pictures to help sell the house yourself.

[tonysellshouses]

Originally Posted by jai_comp

Hi guys

I am selling a house and and already signed a contract with the estate agents. They have taken photos and put an ad up on their website.

I am also trying to sell the house in parallel on my own privately using the photos they have taken. Do you think if there is any problem/legal issues me trying to use the photos that they have taken?

Many thanks

I'd say its a bit risky to do it without their permission, they took the photographs so they are rightfully theirs. Whats stopping you from grabbing a camera and taking a few yourself, alternatively you could just refer people to the photos the estate agent took if they look more professional then your own.

[Crab Pot]

The Photos we took for our B & B brochure are better than the Estate Agents of our house sale. Can we charge a fee for the agent to use our photos? Crab Pot Cottage Flamborough.