Recently there has been an increase in aerial photos to advertise and market listings. Both RAHB and CREA have policies regarding the use of multi-media photo images. Please review the policies below to ensure you are in compliance. Any photo images that do not comply may be reviewed and removed by RAHB and/or CREA.
RAHB MLS® Rules and Regulations:
Section 7 – MLS® Data and Other Board Publications
Associations Website
7.19 REALTOR.ca is a member developed and financed site, the purpose of which is to augment the member-to-member Board MLS® Systems. This policy ensures that the member-to-member aspect is respected on REALTOR.ca and on direct multimedia links from REALTOR.ca to facilitate ongoing member participation on the site. Further, this policy ensures that REALTOR.ca displays information that consumers expect to see based on the link they wish to use. It is inappropriate to use links for any other purpose than what they are intended for. It is also not appropriate to have an advertisement of private sales on webpages linked directly from multimedia links. For the purpose of this policy, “advertisement of private sales” means calling to the attention of the public that a listing is a private sale.
Examples of advertisement of private sales would include, but are not limited to:
- Any reference to “selling privately”
- References to dealing directly with the seller e.g. for showings, offers, etc.
- For Sale By Owner branded marketing materials e.g. a brochure that refers to or is branded with the logo or name of a FSBO company
- Directions or links to a FSBO company or website or otherwise referring to a FSBO company.
Seller contact information is itself a form of advertisement of private sales and should not appear on webpages linked directly from multimedia links. Advertisement of private sales, including seller contact information, is permitted on the REALTOR®’s own website or his or her brokerage website (subject to the Seller Contact Information policy set out above).
- Each field provided through the upload for multimedia links must be used as a link to the identified service and must contain only property-specific information.
Field 63 – alternate feature sheet
Field 64 – virtual tour
Field 65 – sound bites
Field 66 – sales brochure
Field 67 – additional photos
Field 84 – Board preferred map service to locate property
RAHB’ MLS® Policies – Photos/ Images
- Photos submitted with any overlay of text will not be accepted; with the exception of sketches.
- Photos with people and/or their direct image will be subject to review by the MLS® Department; and may be refused or removed. This includes, but is not limited to, photo slots or other media; and or attachments.
- Photos/images uploaded to RAHB’s MLS® system will not be accepted if they include embellishments, including but not limited to advertising, marketing as related to the salesperson, broker or brokerage.
CREA MTC Policies:
Use of Multimedia Links
- Each field provided through the upload for multimedia links must be used as a link to the identified service and must contain only property-specific information.
CREA PRIVACY
Taking pictures of houses for use in marketing materials could raise privacy concerns.
For additional information regarding Privacy (PIPEDA), CREA has provided additional resources on REALTORlink® and can be viewed by clicking here.
i see sellers numbers and contact seller for apt or offers on many rahb lstings ? wgy are they still up in a luttle confused 🙂
Hi Christine,
Sellers contact information, including the Seller’s phone number for offers and appointments is allowed in the Realtor remarks of a listing. This is a mere posting listing.
What is not allowed is the listing REALTOR®’s contact information including any Brokerage information as well. This is in RAHB’s MLS® Policies:
Miscellaneous
5. No contact information relating to the REALTOR® may appear in the REALTOR® remarks section of a listing; but may be included in the “Offer Instructions” field. If any REALTOR® contact information is included, MLS® staff is to remove it and a $50 fine levied to the Member. Where the seller directs the listing REALTOR® in writing to do so, the seller’s contact information may appear in the REALTOR® only remarks (non-public) section of the listing on the Association’s MLS® system.
6. No contact information relating to the REALTOR® with the exception of a direction to visit the REALTOR®’s website to obtain more information may appear in the internet ad copy/public remarks. If any of the REALTOR’S® contact information or specific website address, with the exception of a direction to the REALTOR’S® website, is included, MLS® staff will remove it and a $50 fine be levied to the Member.
The following is referred to as contact information:
• Member’s first name, last name or both, team name
• Brokerage office name Member’s phone number (cell phone, direct line, etc) or fax number
• Member’s office phone number or fax number
• Any email addresses or website links
• Note: Multi- media links (virtual tour, brochure, additional images) must appear in their respective fields and not in the remarks.
If any of the above items are found in either REALTOR® or public remarks, they will be removed and the member fined.
couldn’t find the reference to aerial photos?
Hi Rod,
If you are referring to the link to CREA, that link is in reference to PIPEDA and answers the question: “Can a REALTOR® member take pictures of houses and then use those pictures in materials to market themselves to the home owners?”
CREA answers this:
Taking pictures of houses for use in marketing materials could raise privacy concerns.
PIPEDA is federal privacy legislation that requires the consent of an individual for the collection and use of personal information. The question is whether a photograph of a house constitutes the collection of personal information, for which the REALTOR® member should be obtaining consent.
A picture of a house could reveal personal information about the person living there, such as whether the owner has pets, if the house is well maintained, has a satellite dish, etc. If the address appears in the picture, this could constitute collection of personal information about an identifiable individual, which could be grounds for a privacy complaint.
Assuming the pictures were taken from a publicly accessible location, like the sidewalk in front of a house, the activity of taking the picture would not per se appear to be a violation of PIPEDA, but what is captured in the photographs could raise concerns. At a minimum, a REALTOR® member engaging in such an activity should take the following precautions:
Make sure the pictures are “public access only” views with the images being no different than those visible to individuals driving or walking down streets.
Make sure the pictures do not to contain images of people.
Make sure the pictures do not contain images of pets, address numbers, or unique elements that would permit, directly or indirectly, the identification of the owner.
Please let me know if this is enough clarification or if you require more information.
I’ve noticed many areal shots that show the neighbours property, pools, outbuildings, cars, people or vicinity to the lake, parks etc.
What are the restrictions on this…please?
I don’t feel the information above is specific enough. Thank you.
I feel that aerial shots of other peoples backyards are in violation of privacy laws.