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Real Estate photographers and malpractice
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Oct 9, 2019 12:18:26   #
Jaackil Loc: Massachusetts
 
Linda From Maine wrote:
Are the houses listed by a real estate company, or being sold by owner? What website were these photos on? What are the specifics of the "suck" compared to the photos? If the houses are listed by an agency, did you complain to the agent or company owner? Do you really think it's in a company's best interest to mis-represent their properties in the way you imply? Do you know there are codes of ethics (for companies that belong to the National Association of Realtors), along with state laws requiring disclosure of condition and other aspects? Offenses result in fines, loss of license and more.
Are the houses listed by a real estate company, or... (show quote)


You are correct there are rules of ethics and laws pertaining to disclosure. However advertising photos do not fall under either. Ethics and disclosure go hand in hand but they deal with the contractual phase of the transaction in most cases. Realtors have no ethical or legal requirement to disclose defects in the property in most cases exceptions being things like lead paint and urea formaldehyde. It is up to the buyer to have a proffesional inspection to check for defects. Realtors can not ethically withhold information they know if asked. So if a realtor is asked does the foundation have a crack? They must answer truthfully to the best of their knowledge. However if they are not asked they do not have to volunteer the information. That is exactly why caveat emptor is the number one rule of real estate buying. Now a smart realtor will bring up defects in a home voluntarily because they don’t want to get to contract phase and have a deal fall apart and have to put a property back on the market.

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Oct 9, 2019 12:50:44   #
dean100 Loc: Ohio
 
MT Shooter wrote:
Hmmm, ever compared a McDonalds burger to the poster on the wall????


Or the ones after the "food stylists" get done with them in the studio - they don't look anything like what is served across the counter or through the take out window.

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Oct 9, 2019 12:57:11   #
dsmeltz Loc: Philadelphia
 
E.L.. Shapiro wrote:
Buying a house is a major investment- most folks understand that and I never knew of anyone buying a house, sight unseen, based on a photograh, without a thorough investigation of the property.

The first step in a SALE of anything, on the part of the seller, is attracting attention and creating desire. In advertising, that can be the job of the photographer in showing the "product" at its best, hopefully, without fakery or dishonesty. Once that is done, the rest is up to the seller and the buyer to come to a meeting of the minds and make a deal- or not!

Again, folks don't usually consider the purchase of a home strictly based on a photograph. There is a great number of considerations such as PRICE, the neighborhood, and its facilities and services, schools, transportation and commuting, convenience, accessibility to shopping, socioeconomic aspects and more. Then there are the physical aspects such as space, a number of rooms to accommodate the family and their lifestyles, the amenities such as garages, perhaps a pool, a finished basement, etc. Of course, the state of repair, condition and whether or not it is in "move-in shape, a fixer-upper or somewhere in between.

There is a process such as having the property professionally inspected, making certain there are no mold or asbestos hazards, electrical or plumbing issues, or any major defects such as a roof that needs replacement. These inspections are usually required to secure a mortgage. Usually, a lawyer is involved in handling the paperwork and conducting a search to ensure there are no liens or othere financial restrictions or encumbrances on the property. So...you just don't view an advertisement and hand over your credit card!

If you are a PHOTOGRAPHER, you should understand the effect of wide-angle lenses. Even if you are not a PHOTOGRAPHER,- ever read that notation on your right side rearview mirror- something about "objects seeming further away"?

I have been shooting architectural interiors and exteriors for years and I have never had a client tell me to fake anything or make it look at what it is not. They just tell me to make it look NICE. I have told the odd client that "you can't make a silk purse out of a sow's ear " without extreme fakery, perhaps massive retouching and if it is a wreck, they had better fix the place up and do the repairs before I come into photograh it. I don't want to be a party to fraud!

Personally, When I sees anything advertised and upon discovering it ain't what it is supposed to be, I simply won't buy it or deal with a dishonest seller, let along a realtor. It may cost me a tank of gas and waste some of my time but that is less expensive than ending up with a lemon car, camera, box of candy or a HOUSE? I comes out as a saving in the long run!

A smart seller, agent, or broker, does not want to waste their own time explaining why a property is not as advertised.
Buying a house is a major investment- most folks u... (show quote)


Though is does happen a lot in certain markets. Especially when the purchase is to park money. Think Miami condos. Lots of foreign cash parked in vacant properties.
But for regular folk, you gotta see it in person.
Of course we still have no idea why the OP thinks there was any malpractice. His statement claiming photographic malpractice with no supporting detail is a slam to anyone on this site that does RE photography. The OP, in my opinion, is behaving disrespectfully to those (including many on this site) who attempt to make a living in that area. Full disclosure, I do not do RE work myself.

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Oct 9, 2019 13:11:18   #
Linda From Maine Loc: Yakima, Washington State, home since 2002
 
Jaackil wrote:
You are correct there are rules of ethics and laws pertaining to disclosure. However advertising photos do not fall under either. Ethics and disclosure go hand in hand but they deal with the contractual phase of the transaction in most cases. Realtors have no ethical or legal requirement to disclose defects in the property in most cases exceptions being things like lead paint and urea formaldehyde. It is up to the buyer to have a proffesional inspection to check for defects. Realtors can not ethically withhold information they know if asked. So if a realtor is asked does the foundation have a crack? They must answer truthfully to the best of their knowledge. However if they are not asked they do not have to volunteer the information. That is exactly why caveat emptor is the number one rule of real estate buying. Now a smart realtor will bring up defects in a home voluntarily because they don’t want to get to contract phase and have a deal fall apart and have to put a property back on the market.
You are correct there are rules of ethics and laws... (show quote)
Maine has a seller disclosure form that is more comprehensive than your experience. Here's an example (I don't know if this is most current, but it's similar to what I remember from the late 1990's):
http://listmaine.com/pages/forms/sellers-property-disclosure.pdf

.

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Oct 9, 2019 13:13:43   #
olemikey Loc: 6 mile creek, Spacecoast Florida
 
I'm not in the RE business either; As with any major purchase or major sale, "Due Diligence" is always a good thing. Take all input with a grain of salt, trust but verify!! In the story I imparted earlier, I did not acuse or go after anyone (it would have been a he said/she said, and possibly cost parties a lot of money to pursue - in our case it helped us, and the agent, and the cost of challenging was greatly offset by the rewards of a much higher sales price), but I do share the experience. I know my agent claimed it was an "eye opener", but with 40 years in the business, I imagine one could become a bit numb to a lot of things......

Kind of like hiring a lawyer who wants to settle, rather than pursue a proper outcome. Buying property/home without a land survey, or a title survey, and any number of other examples... Don't be a victim, be a victor!!

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Oct 9, 2019 13:21:04   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
Ched49 wrote:
Good luck trying to collect on malpractice claims. It's just like everything else you see in advertisements, cook books, hotel rooms, resort areas. The photo's your looking at are made to look perfect in every way and they may or may not look like the actual place you want to see. They're called "come on ad's"


House porn. . .

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Oct 9, 2019 13:33:05   #
Gasman57 Loc: NYC
 
I don't understand the point of this thread. The photo just gets you there. YOU must check out the house in person. As MT Shooter said, if you drive to McDonalds and the burger doesn't match the poster, do you complain to the manager or just eat it?

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Oct 9, 2019 13:34:52   #
Linda From Maine Loc: Yakima, Washington State, home since 2002
 
Gasman57 wrote:
I don't understand the point of this thread. The photo just gets you there. YOU must check out the house in person. As MT Shooter said, if you drive to McDonalds and the burger doesn't match the poster, do you complain to the manager or just eat it?
Rants rarely have a point; however, they are great click bait and keep the UHH fiscally sound so we can enjoy for free

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Oct 9, 2019 13:46:55   #
dsmeltz Loc: Philadelphia
 
Gasman57 wrote:
I don't understand the point of this thread. The photo just gets you there. YOU must check out the house in person. As MT Shooter said, if you drive to McDonalds and the burger doesn't match the poster, do you complain to the manager or just eat it?


The point is that the OP for reasons known only to the OP thinks the photos used to lure him there were so egregious that they constitute malpractice (of some kind.) However, the OP does not feel it is necessary to indicate what was so bad about the photos that should result in some form of liability. The OP seems to believe that simply saying it is so is sufficient.

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Oct 9, 2019 13:50:51   #
Bill P
 
Linda,

Your disclosure is similar to ours, but it goes into more detail. The ones here are just to get oyupointed in the right direction and the buyer is expected to do their own research. Don't think folks here are any smarter, just less hand-holding provided. But most of the stuff is stuff I would have checked without the form. And I NEVER believe what the seller's agent says.

But the one head scratcher: A semi public wastewater disposal system? Isn't it one or the other?

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Oct 9, 2019 13:55:31   #
dsmeltz Loc: Philadelphia
 
Bill P wrote:
Linda,

Your disclosure is similar to ours, but it goes into more detail. The ones here are just to get oyupointed in the right direction and the buyer is expected to do their own research. Don't think folks here are any smarter, just less hand-holding provided. But most of the stuff is stuff I would have checked without the form. And I NEVER believe what the seller's agent says.

But the one head scratcher: A semi public wastewater disposal system? Isn't it one or the other?


Where I grew up "A semi public wastewater disposal system?" was one where the outhouse was in the back yard near the alley where only your close neighbors could see you, instead of in the front yard in full view to all passersby.

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Oct 9, 2019 13:56:41   #
Architect1776 Loc: Williamsport Pa
 
johngault007 wrote:
Back in December we were on the house hunting kick to get out of rental and find a permanent place to lay our heads. Most of the photos we saw on the major real estate sites were not a up-to-minute representation of the houses we saw. Most realtors, I suspect, use older images to save a couple pennies and really don't show the current state these houses are in. For the most part, it was simply cosmetic or furniture differences, but we never saw houses that were misrepresented by fake or modified pictures.

Is it a morale practice, I personally don't think so, but it just forced us to get out and look at all the properties in greater detail to make sure we were buying exactly what we wanted.
Back in December we were on the house hunting kick... (show quote)


People do change furniture.
If newly painted, so what. You can paint to your desire.
Too many people get hung up on a color or a piece of furniture.
First unless listed as included you will not get the furniture and paint is one of the silliest things to judge your purchase on.

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Oct 9, 2019 14:00:40   #
DoriguzziPA
 
The only issue I think about occasionally when trying to shoot a room, and get the most 'information' (windows, doors, closets, etc, etc) in a single image, is on the lens selection. From my viewpoint I use a 20mm. This does obviously make the room appear larger than real-life and that is what my mind questions. Is it fair to the potential buyer? I believe it is! I have to believe that all buyers quickly realize that this is the normal style of a photograph in the RE industry to give proper info in a quick fashion.

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Oct 9, 2019 14:02:58   #
Linda From Maine Loc: Yakima, Washington State, home since 2002
 
Bill P wrote:
But the one head scratcher: A semi public wastewater disposal system? Isn't it one or the other?
Google confirms it's a thing, but you'll have to research the details

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Oct 9, 2019 16:02:48   #
DWHart24 Loc: Central Florida
 
I do real estate photography on the side, and I am sometimes surprised at how much better my photos look than what I remember the house looking like. You would be amazed at how much using flash correctly to light up a room does to improve the photos. Another thing with photos is you don't see all the little details, that you may not like, that you would see in person. The whole point is to get you in the door to look at it. Now if someone is photoshopping something out or in the photo, that is a different story and misrepresentation. Most reputable realtors will not let that happen.

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