Photographs of sold home

We bought our home August 2017. Recently, we had a man drive by our home and take pictures of the house. He did not come to our door or get out of his car. My husband caught up to him and asked who he was and why he was taking pictures. He said he is a real estate agent taking pictures of recently sold houses to use as comparison of houses sold in the area. Can he do that? Can he just take pictures without the homeowner’s permission and post them online? He is not with the realtor we used to purchase the home.

Asked on March 6, 2018 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, this is legal. You do not have a protectible privacy right or expectation in the outside road view of your home, since anyone walking or driving by can see it. And while people have the right to protect the use of their own image (i.e. a picture or photo of them) by another person for commercial purposes, there is no such right in the image of your home. Without any such protectible rights, they can do this.

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