Different real estate listing using pictures of our home (for sale, new home)

[Kids_Dentist]

I know this may not be specific to this forum but I know we have several posters who are active and also REAs.

The builder and original owner of our current home has a listing for a different lot in town a few miles from here. For that other listing (vacant lot and build to suit) he has 3 exterior shots of our current home. I only know this because we have friends looking to buy and they called and asked if it was our house for sale.

Should it bother me or should I just let it go?

Should I contact the builder or Remax and ask them to remove the pictures? It is false advertising in a way.

TIA

[MikeJaquish]

If it bothers you, call the builder or agent and make your request.

I don't see it as false advertising if they are notifying people that a similar home could be built on that site. Builders do that all the time, using photos from the same model to represent a potential build.
But, photos of your home are a different thing, and IMO, it is not unreasonable for you to be somewhat uncomfortable.

A few years ago, I let the firm I was affiliated with use a couple of photos of a couple of my former closed listings their home page.
One of the photos was so popular, I had to have a few different agents at different firms take it off their sites.
But, the builder loaded his shot, which is very similar, to a stock photo site, and that also turns up here and there.
I wonder what the current residents think about all that?

[danielbmartin]

Originally Posted by Kids_Dentist

Should it bother me or should I just let it go?

My house was designed jointly by the builder and me, and built to contract for me. The contract contained specific language stating that the design belongs to me, the plans belong to me, and he must not give, sell, publish, or otherwise distribute the design in any manner.

Your house was built for the first owner, the builder. It's difficult to see how you can assert rights to the design or image which overrides his.

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[MikeJaquish]

Originally Posted by danielbmartin

My house was designed jointly by the builder and me, and built to contract for me. The contract contained specific language stating that the design belongs to me, the plans belong to me, and he must not give, sell, publish, or otherwise distribute the design in any manner.

Your house was built for the first owner, the builder. It's difficult to see how you can assert rights to the design or image which overrides his.

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Yes, but it would be a bad PR opportunity and an exhibition of poor common sense for the agent or the builder to press those issues.

And, do the photos of the OP's home show any personal items, or changes he made since the builder built it? Using those in marketing may well lend reason to his request.

I didn't sense that the OP cared to make a legal complaint out of the matter, just a reasonable request to the parties.

[BoBromhal]

If he built it from a custom plan that you worked on together, maybe it should bother you. In fact, in this case, he might be willing to give you a rebate since the plan you paid for he feels is worthy of replicating.

If it was a spec home, all the new homes I have ever seen where this marketing/presentation method was employed, the 2nd listing has specifically stated it was to be built, or was a plan that had previously been built, and not in any way a claim that YOUR home could be purchased at that time.

[RedZin]

If your home was a spec or a stock plan they use frequently and the pics are from the listing they used to sell your home, I don't think it's much to worry over.

Our house is on our builder's main developer site. It was a spec they built and used for a short while as a model (about 6 months, maybe).

[Kids_Dentist]

Thanks for the responses. I wasn't too worried about it but more so was curious as to whether or not it was a real estate faux pas.

The builder of this home built it for himself- he lived here for several years prior to selling to the owners whom we bought from. As such, they are his plans so it's all good.

[RedZin]

Originally Posted by Kids_Dentist

Thanks for the responses. I wasn't too worried about it but more so was curious as to whether or not it was a real estate faux pas.

The builder of this home built it for himself- he lived here for several years prior to selling to the owners whom we bought from. As such, they are his plans so it's all good.

I've seen it done plenty of times. When we were shopping for this place, we saw pics of homes we'd visited being used by builders to advertise homes that were not completed yet, but were the same floor plan.

I guess it's pretty typical around here.