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  • Advertising question

    Hi
    Hopefully someone can give me some feedback on this situation...

    I have just bought a property and am about to settle in a week, gone unconditional 2 weeks ago.
    I have advertised the property in question on a website with interior and exterior photos shown. The property is currently owner occupied. Now I took these photos with their knowledge.
    I got a call from vendor telling me to remove these, which I did apart from one; and that he would seek legal advice.
    Have any laws been broken??

    I understand where he is coming from, but besides moral, what are my obligations?

    Has anyone else had a similar problem?

    Thanks for any input on this situation.

  • #2
    Although they had knowledge of the photo taking, was it clear for what purpose the photos would be used for?

    Did the photos or the ad identify the street address of the property, or show the personal property of the vendor?

    Probably best to leave the ad without photos until settled, in my opinion.

    cube
    DFTBA

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    • #3
      I would agree. If they gave their permission and knew the purpose then carry on. If not remove them from teh ad till day after settlement. Did you have a prior access clause? The wording on that can be critical if it gets nasty.

      Comment


      • #4
        I agree. Apologise for the misunderstanding, remove the photos, give them a bottle of wine, and hope that the matter ends there.

        xris

        Comment


        • #5
          If he wanted to sue for not removing the photos, he could. But it would be uneconomical and a total waste of expenses to take it through the courts. ($10000 plus plus plus)
          Then he wouldn't be able to resell the place to anyone else whilst it takes months and months going through the judicial system. You would naturally place a caveat because of your deposit tied up.

          On the other hand he could probably muck around delaying settlement, frustrate the sale, and tie up your deposit. But any delays will be costing him some penalty interest.

          So for peace and expediency let the vendor have his day.

          BUT I WOULD BE DOING A FINAL INSPECTION OF THE PROPERTY AN HOUR BEFORE SETTLEMENT IN CASE. (IF ANYTHING IS MISSING HOLD BACK FUNDS)

          Ps – you can always use the original photos off the RealNZ or the agent if any, after all its pretty public by then, it belongs to the agent and very unlikely that they will sue for the use of it.

          Ps. - you must have done a "real deal" that caused the vendor to react in such a way, probably doesn’t want you making more money out of him before your time!

          Cheers Ron

          RONS DVD TIP: The Real Deals are not found at the Advertised Price
          The Real Deals are found at the Negotiated Price.

          Comment


          • #6
            Futher to comments made by Ron above, I thought I would start a new thread on late settlement, rather than respond here.

            xris

            Comment


            • #7
              Thanks for your sharing your thoughts on this one.
              I have contacted the vendor and discussed this with him, he was a lot nicer than last time we spoke.
              I have removed the photos and specific address, so he is happy and so am I.

              Cube, I guess the purpose wasn't clear. I should have made it clear. Yes I did have inside shots and address shown. Good point, am going to think twice next time..

              Poomba, I did not have the prior access clause. In this case I was going to get some work done after settlement, so I thought i'd leave it out.

              xris, done just that, spoke with vendor and resolved the issue. At the end of the day he is happy, so I am happy.

              RonHoyFong, some good food for thought. Yes definitely will do a settlement day check to make sure all is in order.
              Are settlements usually 5pm on the day? 12? or does it vary from bank to bank..?
              Negotiations were interesting and price was a good deal.

              Thanks alot for your help and thoughts

              Comment


              • #8
                I know the issue is now resolved but:

                I can see why they wouldn't want internal photos showing their posessions (though if the real estate agents used on, you could try to use that).

                As far as external photos, no one can stop you from taking a shot from the road. Get a shot of the back yard may prove more difficult.

                Comment


                • #9
                  There may be some grey areas here, but I think out of respect you should stop ALL advertising until settlement. Some people regard their privacy very seriously,

                  Aston.

                  Comment


                  • #10
                    thanks Aston, CJ.
                    It can be a bit of a grey area, and in this case I didnt want to upset the vendor too much. Privacy for vendor was an issue and I understand that now, although did not really think about it like that before.
                    I got what I needed out of advertising, plenty of calls and possible tennants.

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