Can my builder use my home fora TVcommercial without my permission?

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Can my builder use my home fora TVcommercial without my permission?

My builder filmed a TV commercial using my house, inside and out, without my consent after I purchased it. He is using this advertisement to generate more sales of new homes in the same subdivision I live in. Can they do that? Am I entitled to compensation for the use of my house?

Asked on January 12, 2012 under Business Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the builder made the film of the home you purchased before the sale, then he or she can use it in advertising for future sales. However, since you write that the film was done after you purchased it and if the filming was done without your permission, then the developer should not be depicting your home in television commercials.

Make sure that you purchase contract does not have some language allowing the developer to make the television commercial of your home.

You can request some form of compensation from the developer for the use of the depiction (inside and out) in commercials, however ascertaining the value of compemsation is difficult to do. In your situation, most people would file suit for an injunction to stop the airing of the television commercials.


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