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Selling Old Matterport Models to Other Agent6031

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WindyCityDrones private msg quote post Address this user
So, I recently was forwarded an email from one of my clients. He had received an offer from another Matterport service provider in the area. The service provider is selling "expired" listing models to other agents branded in their name.

"You can completely brand it with your picture, name, company name...however you want to customize it...and use it as a listing tool on your next listing appointment. In short, it becomes one of 'your listings' but you didn't pay hundreds of dollars for it."

Is this a standard industry practice? Seems wrong on a few levels to me. Thoughts?
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judysmithre private msg quote post Address this user
As a Realtor, to brand it as if it was thier listing seems very wrong to me.
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OpenHouseOptics private msg quote post Address this user
I think it’s an innovative approach to boost revenue from a past model. The former agent doesn’t own it, the provider does. Branding is just a sample of what it looks like when their name is on it and it helps the agent to show potential clients how their home will be marketed by that agent.

Listing isn’t live, no ethical issues.

IMO 🤷‍♀️
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3dVuz private msg quote post Address this user
If the model clearly states “Sample Listing” or some comparable verbiage, it would be ok. Every rule in every state clearly states that an agent cannot advertise another agents listing without expressed written consent. However, what is the listing EXPIRED from agent A. Now agent B gets the listing. MSP contacts the new listing agent, offering to sell the tour to the new agent. Ethical?
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OpenHouseOptics private msg quote post Address this user
@3dvuz each state doesn’t necessarily dictate rules it could vary from MLS within the state and the rule only applies to a live listing.

If it’s not under an active listing agreement with an agent, it’s fair game.
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VTLV private msg quote post Address this user
@WindyCityDrones - "The service provider is selling "expired" listing models to other agents branded in their name."

Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera — not the person who owns the camera, and not even the person in the photo. Unless a written agreement exists that makes the photo a work made for hire, any person you ask to take your picture with your camera owns the copyright in that photo — not you.

So sure, we could turn around and sell rights to use our footage since we clicked the images. And before we dump them, why not get some secondary use?

Now MLS Grievanc Committee could have some issues with Article 12 of the Realtor Code of Ethics if the home stated in the tour is currently listed for sale. As @OpenHouseOptics states, "Listing isn’t live, no ethical issues. "

@WindyCityDrones - "Seems wrong on a few levels to me".

What levels are you referring to?

The Best I can come up with is in Article 12 possibly misleading the pubic to believe this is work the agent has previously made themselves.
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WindyCityDrones private msg quote post Address this user
Like I said just looking to see if this is common. To me this seems unethical even if there is no legal issue.

Thank you all for the replies.
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VTLV private msg quote post Address this user
I can see where your frustration lays with it. 2 sides to everyone's chase to earn some coin.

I have found myself in some situations where I am shooting the same community and think; "I already shot 360's of this public area".

The Devil in my ear says "Why don't I just pull the ones from another tour I shot 4 months ago".

The Angel in my ear says "You should update the look and shoot fresh ones".

I've done both. I could image some people living in snowy environments right now having more reason to use the old ones in this scenario.
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frstbubble private msg quote post Address this user
Depending on how you sell the original tour. We license the tour for use by the realtor for the listing. If the listing expires and a new agent gets the listing then you have every right to re-license it.

I would talk to the first agent though and possible offer part of the selling price to compensate them for the chance taken. I would build a better relationship.

I believe there are many professional photographers that would resell real estate photos to the new listing agent. Like VTLV state you own the digital media and can do with it as you please. As long as you license the tours and not sell them exclusively to the original agent.

Just my two cents.
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