This article supplements the recently published article “Professionalism and Respect for Client Property” recently published in NewsReal.
As a reminder, section 6.02 of the Rules of Cooperation provides that “Cooperating Brokerages must ensure that the buyer(s) is accompanied and supervised by a licensee throughout the appointment.” Therefore, not only must a REALTOR® accompany a prospective buyer, but the buyer must also be supervised throughout the appointment.
A buyer’s agent cannot simply stand inside the front door while their client wanders through the property. Remember, the property is the personal space of the owner, and the agent and their client are guests in that space. The space must be respected. As an agent, you are the professional and are responsible for the actions of your client during the viewing.
This responsibility includes ensuring that a prospective buyer does not take photos or livestream during a viewing. Allowing a buyer to do so is fraught with risk. Privacy and personal security concerns are widespread. Should a prospective buyer wish to take photos or videos, the consent of the property owner must be obtained. Remember, this is the owner’s private property. If others take photos or videos, the owner has no control over how and where those photos will be used, including posting online. That is why it is the responsibility of the buyer’s agent to supervise their clients during a property viewing to ensure that the owner’s property and privacy is respected.
Most listing agents take (or retain a photographer to take) an array of listing photos to make the home appealing and provide exposure. Care is taken to ensure that these photos respect the owner’s privacy by not including personal or identifiable items and information in the photos. This protects the owners from potential predators who may scour the internet for nefarious purposes. Buyers can refer to these listing photos rather than taking their own photos.
The issue of taking photos by prospective buyers is less of an issue if the property is vacant. However, it is nevertheless prudent to obtain the owner’s permission prior to a buyer taking photos.
It becomes more complicated if a property is tenanted. The Office of the BC Privacy Commissioner has published guidelines for landlords. A landlord may not collect personal information of a tenant without the express consent of the tenant. This includes taking photos that may identify a tenant or other individual.
Posting videos or photos online may constitute the publication of personal information. Failing to obtain the consent of the property owner and/or tenant, may attract legal and regulatory issues for a licensee and their brokerage.
In section 13 of the Standard Form MLS® Listing Contract, a property owner provides consent only to the brokerage and designated agent to collect information. The Listing Contract does not provide consent for any other party, including cooperating (buyers agents) and their clients to collect and disclose information about an owner or their property.
BCREA’s Privacy Notice and Consent Form (PNC) is an important tool to protect the privacy of property owners. A listing agent who has their client sign a PNC can rely on that document to withhold consent for a buyer or their agent to take photos, videos, or livestream during a showing.
For more information, click here.
Source: Professional Standards