A friend of mine is in the process of buying a new house from a well known construction company only to discover that the seller has a clause in the agreement which allows them to use photos of the property for advertising after it has been sold and he becomes the legal owner. What legal right does the company have, he wants to remove this clause?
2007-07-24 09:43:01 · 6 answers · asked by lionesscubbs 1 in Business & Finance ➔ Renting & Real Estate
This is a common clause, especially with builders/new construction projects. They use these photos to show available styles, floor plans, elevations and such to potential new buyers. Anybody can take a picture from the street without this clause, appraisers do it all the time for the "comparables" being used for appraisal report for other properties, and most of the time you don't even know about it. But this clause is so they can potentially include it in advertising so they doing the right thing and getting buyers permission. The legal right is that the contract was signed and this clause was agreed to by the buyer. Any amendment to a written contract must also be in writing, and any deposits may be subject for retention depending on the parameters of the signed contract. Below is a website that could be beneficial. Hope it helps and congrats on the new home!
2007-07-24 09:59:36 · answer #1 · answered by Etta P 4 · 1⤊ 0⤋
The buyer would have no right to unilaterally remove a clause from a contract signed by both buyer and seller. As previous posters have stated, its a common clause in all purchase contracts (resale or new construction).
Ask him this, when he sells his house would he like to have the buyer sue him because your friend posted some pictures on his webpage of him in his former house when he was the owner?
2007-07-24 11:08:39 · answer #2 · answered by SndChaser 5 · 2⤊ 0⤋
legal rights seller photos selling property
2016-02-02 17:55:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If he refuses to accept the clause, they can refuse to sell to him. This is a negotiable situation. However, I'm not certain why your friend is all wound up over the builder using the photos. Doesn't seem like any sort of imposition to me.
2007-07-24 12:42:39 · answer #4 · answered by acermill 7 · 1⤊ 0⤋
If they took the pictures before ownership was transferred then you have nothing. If there was a clause in the agreement that they could you definitely have nothing. It's only a picture on the Internet, if you really have a problem with it maybe you should call the builder and see if you can work something out.
2007-07-24 09:46:42 · answer #5 · answered by Rob 2 · 1⤊ 1⤋
if in the process of buying then make it a condition of the sale that photographs will cease to be used. it is such a large amount of money for even a small house the seller will be reluctant to lose the sale.
2007-07-24 09:47:46 · answer #6 · answered by john m 6 · 0⤊ 1⤋
well if its the agreement that your friends sign
the company have every right as stated in the agreement
2007-07-24 09:47:59 · answer #7 · answered by minty359 6 · 1⤊ 1⤋