By Jacqueline Beardsley

Question: Is it okay for a buyer to take their own video or photos of a home they are viewing?

This is a question I read in the Illinois Association of REALTORS® legal Hot Topics-

Below is my own answer for this subject which isn't legal advice, just my professional opinion.

A listing agent should always ask the sellers up front before any showings begin how they feel about potential buyers taking photos or videos in their home.

As a listing agent I would highly recommend they do not allow this because it isn't at all necessary in this day and age with the amount of photos and videos that are available to them.

There is also a safety factor to consider.  Sellers have personal items in their home and that may be targets for criminals.  No one can stop a buyer that they don't even know as to what they will be doing with the pictures and or videos.  

Will they be posted on the Internet?

Same for a vacant home.  

Bad idea, I strongly urge sellers to not allow that but it is their decision to make as long as it's an educated one.  They should be aware of possible scenarios in this situation.

A sellers agent should get in writing from their clients that they don't want buyers to be taking photos or making videos of the outside or inside of their property.  The agent would then put that in a 'remarks' section in the MLS as well with showing instructions for buyers agents.

Buyers agents should ALWAYS contact the sellers agent and ask permission if they are at a showing and the buyers would like to take photos.  Nowadays it's highly likely the buyers will just pull out their phone (not realizing they shouldn't) and begin taking photos so in this situation their agent needs to ask them to not be taking photos without sellers permission and immediately contact the listing agent.

A buyers agent should be guiding their clients before they ever begin the viewing process and incorporate questions such as this into a 'Buyers Packet'.  The same goes for the listing side.

Sometimes a few added photos may be harmless and used properly for interested buyers but it isn't worth the risk.

When in doubt, spell it out is how I feel.  This is the best way to avoid legal troubles in all transactions.

Charles Rutenberg Realty
Naperville IL

VISIT MY WEBSITE
 
Keep Current with real estate news and the market
through my free monthly newsletter!