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Op/Ed

Privacy issues and real estate listing photos (+ how to get yours removed)

(REAL ESTATE) Listing photos are the currency of real estate sales, but understanding the process can be complex. Here’s what you need to know.

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real estate listing photos

In the real estate world, photos sell. Everyone loves a complete set of listing photos…

Buyers love previewing homes on their phones and computers.

Sellers generally want their home to have maximum exposure to as many websites, agents, and potential buyers as possible.

The loss of privacy is often overlooked in the excitement of the moment. I live and work in California. Your state may vary slightly, but if you are a public recording state like CA, this advice should transfer.

Sellers, Buyers & Listing Photos

We’ll discuss the following:

  • How do real estate listing photos get to the internet?
  • What a seller agrees to about photos and online photos.
  • Disclosures about online privacy/photos that a buyer may see.
  • What a buyer/seller typically agree to in their purchase contract.
  • What rules govern photo and info display on websites?
  • What happens to listing pictures when the home is sold?
  • What can you do?

How do real estate listing photos get to the Internet?

Typically:

  1. The seller signs a listing agreement.
  2. The broker uploads photos into the local MLS (Multiple Listing Service) and makes a representation about ownership and licensing/distribution that is authorized by the listing agreement or other document. Sellers can opt out of this but typically don’t.
  3. The local MLS distributes the listing compilation (photos, info) to brokers. Sellers can opt out of this but typically don’t.
  4. The local MLS distributes the listing compilation to third-party companies such as Zillow or syndication companies that, in turn, redistribute the listings to a wide variety of real estate websites. Other feeds go to individual agents or some brokerage websites at a fee. Sellers can opt out of this but typically don’t.
  5. The local MLS is obligated to give a copy of the listing to realtor.com per a separate agreement.

What a seller agrees to about photos and online photos

Most listings in California use the CAR residential listing agreement, which clearly explains what the seller is agreeing to, who owns the images, and what control a broker has (none) after those images are entered into the MLS and syndicated to third party sites. Here are relevant excerpts:

CAR Residential Listing Agreement

PHOTOGRAPHS AND INTERNET ADVERTISING:
A. Seller agrees (or if checked___, does not agree) that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Property (“Images”) for static and/or virtual tours of the Property by buyers and others for use on Broker’s website, the MLS, and other marketing materials and sites. Seller acknowledges that once Images are placed on the Internet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Seller further assigns any rights in all Images to the Broker and agrees that such Images are the property of Broker and that Broker may use such Images for advertising, including post sale and for Broker’s business in the future.

B. Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs, videos or other images of the property. Seller understands that Broker does not have the ability to control or block the taking and use of Images by any such persons….Seller acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the MLS. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images.

Disclosures about online privacy/photos that a buyer may see:

CA Statewide Buyer and Seller Advisory (approx 13,650 words over 14 pages of dense text):
Page 13 of 14:
…Buyer and Seller are advised that Broker has no control over how long the information or photos concerning the Property will be available on the Internet or through social media, and Broker will not be responsible for removing any such content from the internet or MLS. Brokers do not have expertise in this area.

CA Buyer Representation Agreement – Exclusive (rarely used in SF)
INTERNET ADVERTISING; INTERNET BLOGS; SOCIAL MEDIA: Buyer acknowledges and agrees that: (i) properties presented to them may have been marketed through a “virtual tour” on the Internet, permitting potential buyers to view properties over the Internet, or that the properties may have been the subject of comments or opinions of value by others on Internet blogs or other social media sites; (ii) neither the service provider(s) nor Broker has control over who will obtain access to such services or what action such persons might take; and (iii) Broker has no control over how long the information concerning the properties will be available on the Internet or social media sites.

CA Buyer Representation Agreement – Non-Exclusive
INTERNET ADVERTISING: Buyer acknowledges and agrees that: (i) properties presented to them may have been marketed through a “virtual tour” or the Internet, permitting potential buyers to view properties over the Internet; (ii) neither the service provider nor Broker has control over who will obtain access to the service or what action such persons might take; and (iii) Broker has no control over how long the information concerning the properties will be available on the Internet.

I could not find any language in the CA Buyer Representation Agreement – Non-Exclusive/Not for Compensation with regard to this issue.

What a buyer/seller typically agree to in a Purchase Contract

Most purchase agreements used in California have language saying the buyer and seller expressly agree that the sale and associated information are to be reported to the MLS.

The Parties hereby grant to the San Francisco Association of REALTORS® Multiple Listing Service (“MLS”) the right to publish and disseminate the sales price, terms of this Contract and other information about the Property and authorize their respective Brokers/Agents to submit such information under the applicable MLS rules.
— San Francisco Purchase Agreement

Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS.
— CAR Residential Purchase Agreement

Whose rules govern online photo display?

Brokers/Agents
Three entities make the rules about what agents and brokers can display on their websites:

    1. The local association (in our case, the San Francisco Association of Realtors/SFAR)
    2. The state association (California Association of Realtors/CAR)
    3. National Association of Realtors (NAR).

Most state associations have adopted NAR’s model MLS rules in order to obtain liability insurance through NAR, and local associations adopt their own rules in line with the state and national model rules in order to also have access to the same liability coverage. To mix several metaphors: That’s the carrot that keeps this herd of real estate cats vaguely glued together.

Local SFAR rules stipulate that:

SFAR MLS Rules/Regulations 2018
…By submitting photographs to the MLS, the Participant and/or Subscriber represents and warrants that it either owns the right to reproduce and display these photographs or has procured such rights from the appropriate party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations.

Zillow, Trulia & other 3rd party websites
The use of photos by private companies is governed by their licensing agreement with the entity that provided the photos, as well as any other site-specific privacy or user policies. In general, if a third-party website — such as Zillow, Yahoo, realtor.com, Facebook, or any other non-broker/agent website with real estate listings — is getting a legitimate data-feed, they are also getting a perpetual license to display/use the images. As I said, privacy policies vary widely, so I’m not going to post them all here.

What happens to the listing when the sale closes?

The real estate industry spent years resisting the publishing of sales data on the internet, but in 2018 NAR updated its policy to prevent state or local associations from blocking brokers or agents from displaying historical sales data going back to the arbitrarily chosen date of January 1, 2012*. When a sale closes, an agent typically has 1- 3 days to report the closed sale to the MLS with sales price and other terms of the sale.

*California is a public records state for real estate transactions. Some states (Texas, for example) record real estate transactions privately, and information about the sale is not available in the public record. The NAR policy says that if you are in a public records state, you can’t be prevented from displaying sold data, but in states like Texas where real estate sales aren’t public record, the NAR policy doesn’t apply and sold data can continue to be withheld from display.

And that’s what happens. When the sale closes, the pictures all remain and the listing is updated with the sales price. The entire property used to be removed from the IDX feed, but now it no longer typically is. Same thing with third-party websites.

What can you do?

There’s no official place to go for requesting removal of photos. Usually, the brokers you worked with or the local MLS where your property is listed are the best places to start.

After the sale has closed:

      • Contact the local MLS and request removal of the public display of your home’s interior photos.
      • Ask the MLS if this change will remove them from the IDX/broker feed or if additional calls are necessary?
      • Contact brokerages/agents that have your sold data displayed and make the same request.
      • Contact 3rd party sites like Zillow, Trulia, etc. and claim the home as an owner and then request removal of photos.
      • Want exterior photos removed? Be sure to request that. You can also have your home’s exterior obscured on google maps.

The painful tip we don’t want to share, but… before the sale has closed:

I hate to share this tip because it devalues the MLS for all participants using it for comparable sales valuations – but here’s the trick… When in contract, but before the close of escrow ask the listing agent to remove all of the photos with the exception of an exterior (generally required by MLS rules).

Again, removing interior photos (which do the best job of portraying overall condition/layout) dramatically hurts the value of the MLS. However, it vastly reduces the number of sites you need to contact after closing to remove property photos.

In summary

Rare is the house listed for sale that no longer is immediately published all over the internet. Sellers grant their brokers the right to take and publish photos. Brokers publish those photos primarily in their local MLS, which then distributes them to a number of brokerage and agent websites, as well as 3rd party real estate websites.

The public display of sold data means interior home photos are likely to linger on the internet forever unless an owner actively requests their removal.

Removal of photos is subject to a variety of policies, but most companies tend to cooperate. If you’d like your photos removed, the best place to start is with the brokers involved in your transaction prior to the close of the purchase.

Matt Fuller brings decades of experience and industry leadership as co-founder of San Francisco real estate brokerage Jackson Fuller Real Estate. Matt is a Past President of the San Francisco Association of Realtors. He currently serves as a Director for the California Association of Realtors. He currently co-hosts the San Francisco real estate podcast Escrow Out Loud. A recognized SF real estate expert, Matt has made numerous media appearances and published in a variety of media outlets. He’s a father, husband, dog-lover, and crazy exercise enthusiast. When he’s not at work you’re likely to find him at the gym or with his family.

Op/Ed

10 productivity tips to get the most out of yourself and your team

(EDITORIAL) Keeping up productivity can be a hard goal to shoot for, so sometimes It helps to see what others are doing. Here’s our list of 10 ways to stay productive

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productivity in a team

Funny thing about inverse relationships, they are so counterintuitive. Like working hard. That is an example of doing what you think will be beneficial, but usually just makes the job what you expected, hard. When it comes to productivity, harder isn’t smarter, as the saying goes.

And, if you are sick of the word “hack” we hear you. But, finding ease in work will allow you to be more productive and with better results.

We offer you this list of stories to meet your productivity needs. Here’s to finding work-life balance, seeking ease in the moment and rocking out a productive day!

1. If you’re trying to be more productive, don’t focus so much on time management. Instead, consider energy management to get more out of less effort.

2. Meetings suck. Wait, I mean they are a time suck. Yeah, that’s it. Everyone knows some meetings are unnecessary and could easily be handled through an email. Yet, many supervisors are hesitant. But, there’s an app for that now. Here’s to meeting less and actually getting work done.

3. Kondo your desk, for God’s sake. If you say you are more productive with a messy desk, yet you have a sandwich from last week and those TPS reports you were supposed to turn in weeks ago somewhere under a pile of crap, you need to clean up your act. Nobody wants to get a report covered in coffee, chocolate, and mustard.

4. Are you agile? I mean, really. Is your team as productive as it could be? Whether you are a PM or a real estate agent, if you need a tool that helps your team stay agile and nimble, this will help you and your crew kick ass and take names.

5. Cut the team some slack. Too many messages and you forget what you were originally doing. Slack thought about that and has a way to make the app work for your team so you can be more effective and keep the workflow moving.

6. Working remotely has some serious benefits, notwithstanding working in your PJ’s. While it is the norm now, convincing your boss you will actually work in the future and not binge on Netflix may be the challenge. And, for many folks, working from home is a much more productive option long term, even after COVID restrictions lift. Yet, anyone who has worked remotely also knows it can be easy to get caught up in work and miss human interactions, leading to burnout. Here’s how to make the remote transition work for you.

7. Sometimes more is less. That is the truth when it comes to work where quality beats quantity all day long. Our 9-5 workdays may be good for some, but not for all. And, putting in 80-hour weeks may seem righteous dude, but what do you really accomplish? Kick productivity in the butt and consider are you using your hours wisely.

8. Want to be a baller in the workplace? Then get focused. According to the experts, those at the top of their game aren’t necessarily working harder or smarter, they are just hyper-focused. Here are some good habits to have if you want to get ahead.

9. If it seems everyone has a podcast, you are correct! Some of those podcasts are useful, especially if you are trying to get ahead and find ways to use your productivity to the fullest. Here’s a list of podcasts that will fill your free time with useful information.

10. Creative folks love to start new projects. They can be like kids in the candy store any time they have a new idea they must explore. The problem is that whether you are an artist, writer, graphic/web/software designer or developer, you may start a lot of projects and finish few. Here’s how to finish what you start!

By now, you know what information to keep and you are ready to get your rear in gear. We wish you all the success with your future projects. We know you will be diligent and hyper-productive!

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Op/Ed

Living through a pandemic has us ALL on high alert, causing exhaustion

(MENTAL HEALTH) When your system is constantly in a state of unknown, you’re in a state of high emotion. After an extended period, exhaustion and burnout set in.

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exhaustion high emotion

It isn’t a stretch to say that universally, people are feeling burned out these days. Whether it’s because of ongoing COVID-19 ramifications (the top cause today) or good old-fashioned job stress, the majority of burnout cases have one thing in common – high-intensity emotions.

According to Yale lecturer, Emma Seppälä, any kind of high-intensity emotion – be it fear, joy, rage, or anything in between these feelings – can lead to sheer exhaustion after a certain point.

And while these emotions are completely justified in today’s tumultuous world, it’s also apparent that the range of extreme emotions one can feel in an ordinary day is widening, making burnout all the more inevitable.

What Seppälä says many people don’t know is that those positive, high-intensity emotions, while contributing to burnout in their own way, lead to a feeling of “crashing” after elation rather than the soul-sucking despair one often tends to feel after experiencing a wave of negative emotions.

The exhaustion one experiences may feel different depending on the emotions inspiring it, but the outcome is often the same – a complete and total depletion that “taxes the body.”

Seppälä also points out that some people experience emotions in a more acute fashion than others, with “15-20% of people” being classified as “highly sensitive.” People who fit into this category may be more susceptible to exhaustion from high-intensity emotions.

The past few years have been extremely emotionally polarizing, with things like social media, social justice movements, elections, and, yes, pandemics jeopardizing the otherwise-calm natures of many across the world.

Burnout isn’t surprising in a world in which one can see every public thought each member of their family has had in the last decade, nor is high-intensity emotions becoming more present a shock.

Seppälä posits that the solution to living in such a world is emotional balance, which entails making intentional time for calm, low-key activities to counteract some of the more stressful ones you may encounter from day to day. Staying off of social media, setting boundaries with friends and family, and participating in the news cycle during the day rather than before bed are all good examples of ways to minimize your stress throughout the week.

It’s a stressful world we live in, and if this last year and a half has taught us anything, it’s only going to get more stressful. Emotional balance, where possible, is perhaps the best solution to an otherwise ubiquitous problem.

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Op/Ed

Arguing that next deal can be hard, here’s where to focus

(EDITORIAL) If you have to start arguing then you need the right understanding of what is convincing and what can be dismissed out of hand.

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arguing people

Take a look at your Facebook and Twitter feed or the comments on any news post. If there’s one thing it would seem nobody has any trouble with these days, it’s arguing.

There’s arguing for fun and frustration … OG/prequels! Cake/Pie! Over the roll/under the roll! Yelling, trolling, poking with a stick.

And then there’s ARGUING… reasoned, productive, and substantive discussions that get you somewhere in the real world.

No, wait, hear me out!

More than 10 years ago, tech entrepreneur Paul Graham laid out a “hierarchy of disagreement,” attempting to sort out the various levels of argument into a tool that could turn those arguments into something useful. Lately – just in time for 2020’s inevitable fracas, right? – the infographic makers at Adioma have laid that hierarchy out in a simple visualization that aims to make disagreement simpler to navigate and agreement easier to reach.

Essentially, the easiest arguments to toss out there are the ones you post without a pause. The inflammatory “YOU SUCK” (level 1) and “whaddaya expect from an over-the-roll bro?” (level 2). The reactionary “oh YEAH?” and “well WHAT ABOUT” (level 4). They add nothing to the discussion, change nobody’s mind, and pretty much keep the hostilities simmering.

Back in 2008 when he wrote the essay, Graham pointed out “a danger that the increase in disagreement will make people angrier. Particularly online, where it’s easy to say things you’d never say face to face.” Welcome to the Thunderdome. The most innocuous comment can be taken completely the wrong way (level 3), and this toxic shift in tone spills more and more often into offline interactions as well.

But here’s where the real-life benefits to this hierarchy come into play. Leaving Facebook and Twitter and the news comment sections aside – because let’s face it, all pretty much black holes where reasonable people can be sucked into nothingness – there is value to constructive argument.

Constructive argument – levels 5, 6, and 7 – deals with an issue at hand, not personality. It keeps civility on the table. It allows for back-and-forth, for discussion. Put it to work in the office, and it smooths the way in staff interactions and negotiations. Put it to work in the marketplace, and it creates stronger client and customer bonds. And yes, put it to work online in a company feed, and it strengthens customer service and can even help you build relationships based on respect for your open communication.

Coming at a disagreement with an eye towards understanding the other point of view and reaching agreement, rather than an eye towards scoring easy points, isn’t painless. The years since Graham pointed out the peril of online anger have not been kind to public discourse, and the person you’re arguing with may not be there right away for your empathy and bridge-building. But as one of the great (country and) Western philosophers once asked, what would you be if you didn’t even try? You’d be stuck down on level 1 of Paul Graham’s pyramid with the trolls and the cranks, that’s what. Level up.

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