Privacy concerns

Discussion in 'Legal Issues' started by kirags, 20th Nov, 2019.

Join Australia's most dynamic and respected property investment community
  1. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    We bought a property at Auction last week and despite asking the agent to not put the sale price on Domain and Real Estate.com, the price is there.

    Worse yet I just had someone I barely know congratulate me on the purchase - she saw on social media. So it turns out that the agent put our picture in front of the sold sign on social media. The picture also have our children in it and my partner is furious as it contains the address and sale price.
    Can we demand the picture is taken down? I feel this is a huge invasion of privacy.

    In regards to domain and realestate.com, the agent said they cannot remove and it's outside their control. Does anyone know if this is true?
    The reason we want to remove is because family and friends will Google property and see sale price. I understand this is public information however there are heaps of properties with undisclosed price that sold at auction, so would like to know how is that possible.

    Sorry not sure this is legal issue but want sure in which thread to post.

    Thank you
     
  2. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,348
    Location:
    Australia
    Undisclosed only until it settles. Price will eventually become public record.
     
    kirags likes this.
  3. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    Thanks for that. I am ok with after it settles but not now. Is there a way to remove The price for now?
     
  4. 738

    738 Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    131
    Location:
    Melbourne
    Yes the agent can contact the websites to have removed
     
    kirags likes this.
  5. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,171
    Location:
    03 9877 3000
    You bought at auction. I imagine you weren't the only person there, so by definition the result is public.

    I believe the privacy laws around property are fairly fragmented from one state to another. A lot of the RP Data reports I produce not only disclose the purchase price, but the names of the owners as well.
     
    kirags likes this.
  6. Thomacino

    Thomacino Well-Known Member

    Joined:
    9th Nov, 2018
    Posts:
    174
    Location:
    NSW - Sydney
    Can I ask why you want to the sale price withheld?? I get the picture of the family..
     
  7. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    Just for now as we have family and friends asking for the address and the fist thing that show on Google is those listings with price - we are not comfortable sharing the sale price with them
     
  8. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,348
    Location:
    Australia
    Note they will know eventually. These days when going to someones place its always tempting to click the sale record when checking the map.
     
  9. Thomacino

    Thomacino Well-Known Member

    Joined:
    9th Nov, 2018
    Posts:
    174
    Location:
    NSW - Sydney
    Isn't the natural follow up question of purchasing a house; 'what did u pay?'
    Your answer might be a range, but still an indication..

    Just curious.. always wondered why people were a lil funny around their purchase prices.. be it high or low..
     
    inertia likes this.
  10. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    Thanks all for your reply.
    To be honest what is concerning me more is the social media post with the family photo. Can I legally make the agent take down the photo given it was posted without our authorisation?
     
    The Y-man likes this.
  11. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,020
    Location:
    Brisbane
    I would certainly push for that.
     
  12. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,171
    Location:
    03 9877 3000
    Call the agent. That's a bit creepy.
     
    kirags likes this.
  13. Thomacino

    Thomacino Well-Known Member

    Joined:
    9th Nov, 2018
    Posts:
    174
    Location:
    NSW - Sydney
    Yes, again the agent is more concerned about glorifying his ego then anyone else..
     
    kirags likes this.
  14. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,171
    Location:
    03 9877 3000
    Could feel like good marketing from the agent's perspective, but it's completely inappropriate to publish photos of a family on social media without permission. Probably an oversight, I expect the agent will be embarked when this is pointed out.
     
    wylie and kirags like this.
  15. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    I thought so but we asked them to take the photo down yesterday afternoon and it is still up!
     
  16. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    He won't answer his phone!
    Left messages, spoke to secretary but so far no action in taking it down
     
  17. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,020
    Location:
    Brisbane
    Call the principal of the agency. Don't wait for the agent to get back to you.
     
    kirags likes this.
  18. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,171
    Location:
    03 9877 3000
    Let them know you're ****** off. It's a privacy and personal security issue. Try to get in touch with the Principal (agent in charge of the office). If it hasn't been removed by the end of the day you'll lodge a formal privacy complaint with the REINSW.
     
    wylie and kirags like this.
  19. willair

    willair Well-Known Member Premium Member

    Joined:
    19th Jun, 2015
    Posts:
    6,795
    Location:
    ....UKI nth nsw ....
    Like everyone has said above there is a difference between sales and management levels and all the agent does is sell the house and then the buck stops with the principal ..Maybe also check your contract as there may be something within the contract on who owns the photos ..
     
    kirags likes this.
  20. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,527
    Location:
    Melbourne
    My take is that @kirags is the buyer, not seller. So I expect there would be nothing regarding the sales agency conditions in the contract.... (there would likely be that clause in the seller's agreement, but that would be between vendor and selling agency)

    The Y-man
     
    willair, Lindsay_W and kirags like this.