Privacy concerns

Unfortunately, the agent is the director of the agency - so no one to go to above him.

 

I am afraid of making a big scene and hurt the relationship as we haven't settled yet

 

Great question, we didn't think anything of it at the time....still all the rush from the auction I guess we weren't thinking straight. They just said they would send us the photo and NEVER mention they would use for advertising neither asked for authorisation.
I wonder if legally we can make them take it down given it has children in it and an address.

 

State laws require that all sales prices are reported. There are very limited grounds for suppression. There is some public interest test that applies to open and transparent data on all sales. This occurs as late as the title transfer. On the website - That is just same data reported earlier and possibly automated by Domain.

Datasets - Data.NSW

Explained here : Its illegal to suppress the data !! And its not a "privacy breach" under state law.
Property Price Information - Suppression - Registrar General's Guidelines

 

Photos and videos in public spaces or public use (eg incl a REA website) are not generally governed by any privacy rights. Some states are expanding some privacy rights for certain persons or certain types of images eg intimate images, children in some situations etc. but generally this still is not a concern. We have a right to approach anyone and take their image and they can merely ask to delete it. If we refuse there may be nothing illegal and police cant intervene. Of course illegal acts like upskirting may fall foul and be liable to action.

The REA has not committed any breach to include a family and children in an image. You shouldnt have allowed the photo to be taken if you wanted to limit its use. The taking of the image is the best time to enforce permission. The old adage of - Facebook is forever applies too.

There may be action under copyright for commercial USE of your image. But as a neville nobody there may be limits to your action and you may find it hard to argue your reputation or harm to it has value.

 

Without making mountains out of molehills, the agent who is the principal should have better sense to understand why the purchaser wants the pic taken down. Yeah I get it is for publicity and all but its got kids on it..
Yes the purchaser should have known better but now its done, shoulda woulda coulda is pointless.
Just rock up to the agency and tell him face to face, to remove the pic.

 

And he says no ? What will you do ? Nothing. He hasnt actually done anything wrong.
Family pic - Family stood there for the picture. WITH parents consent it seems.

You can only ask. Its not a right.

 

Says no?, well that's a no. At best I'd offer to take another photo for his publicity.

The agent hasn't done anything right either, if anything morally hes done the wrong thing, and I say morally because clearly the OP isn't happy about his family in the public viewing, and if the tables were turned chances are the agent would agree.

If the agent had half the decency he would know how damaging one upset person is for his business, especially in the real estate game. Now I'm, curious to know which area and agent this is..

I understand u can ask and its not a right, and ifs and buts are all well and fine until you are on the receiving end, a little compassion and understanding will get people a lot further. No need to be a dick because u technically didn't do anything wrong.

 

No morals are involved. The OP allowed for his kids to be pic'd. His wife's probably spat it. You cant rewind a car crash.

My wife is a principal she gets a handful of parents who request their kids gets blacked out of the class photo after telling parents the photo's are being taken the next week / days etc and asking anyone who doesnt want the pic taken to contact the school.. Nothing gets said until a month later when she is asked to have the kid erased from the pic .It doesnt happen.

 

The high school I worked at had a question on the enrolment form asking if permission was given for student’s photos to be taken. A “no” was always respected and followed. The issue was sorted before a problem arose.

 

I would be looking for a way to pull out of the settlement if at all possible.

 

lol?

 

Unfortunately, we were very naive to allow a picture be taken not thinking about social media....But I expected is someone is going to post a picture of my family with address on it to at least have the decency of asking.
I do know that anyone can post anything however the fact that he is using the image for marketing purposes may raise grounds for a dispute as it has no being authorized.
We have spoken to the agent about an hour ago and he said he will think about it....
Honestly? What is there to think about? he can still have a photo of the house with a sold sign, why does he need the picture of a family who is not happy to be in his marketing....I just can't comprehend....

 

yes, but only half joking. It was an auction so no easy get outs. However if there was a way to make an agent think that the property might not settle I bet the photos would come down very quickly

 

I'm now intrigued...what's the address?