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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.