Another perspective on comp pics

[Mark K]

"Any photo taken from the street is in the public domain, permission is polite but not required."

Not agreeing or disagreeing. Just stating that in the case of the guy I talked to, it resulted in litigation for compensation when a developer used pic of his house in a brochure.

The outcome of the case will be interesting, if it makes it to trial.

I think the purpose of the photo is very relevant. If you're using it for advertising purposes there's a big difference from including a photo in a report. I believe that a judge would take a long look at the intent. If not, Google Earth and all of the satellite photo services are in big trouble.



Another quote from Mike Boyd:

"We should lobby to be allowed to use MLS photos in all circumstances when they are available."

I agree, but be sure to include a statement in the report that the "MLS provided significant assistance in the preparation of the report." I was reading a complaint from the Attorney General against an appraiser and one of the charges was that the appraiser used the MLS photos for comps photos and failed to disclose that the MLS provided "significant assistance" in the preparation of the report.

Seems like a bit of a stretch or this appraiser must have really ****ed someone off. I always state if the photos were from the MLS but haven't included the apparently-now-required "significant assistance" clause.

 

[Non Sequitur]

For crying out loud take the photo's. Not only is this the easiest part of a typical residential assignment but one of the only things (in the eyes of many clients) that seperate appraisals from AVMs and BPOs.

 

[Thern Newbell]

Part of the purpose of shooting photos of the comps is to inspect the surroundings of each of the comparables. This is not a criticism of agents, but their primary function is to sell real estate, so the images that they provide on MLS listings are to display a property in its best light. If a comparable is surrounded by blighted properties, and the sale price reflects this influence, an appraiser who hasn't driven by the home may not be aware of this and doesn't account for the locational appeal of the comparable in comparison to the subject.

 

[Terrel L. Shields]

Most gated communities should be named Porcupine Subdivisions for all the prix in them. I go thru this with Flint Ridge, gated joke that it is, lots selling for $1000 each and them trying to say no lot would sell for less that 10x that. Today, you have to have a pass card and a Realtor invitation, tomorrow you have to check with security and show ID. The next day you drive thru the gate like you own it and not word is said. They are very happy to get you in for a repo so it gets on the market quick and sold....no bad publicity. Otherwise, they jerk you around because they can.

 

[Cob]

How or why would anybody sue you for taking a comp photo of their home, unless they were aware of it or given a copy of the appraisal that the photo is in. It seems highly unlikely to me and way different than the builder that built your house passing around some type of marketing info for people to see.

 

[Mike Boyd]

[


Another quote from Mike Boyd:

"We should lobby to be allowed to use MLS photos in all circumstances when they are available."

I agree, but be sure to include a statement in the report that the "MLS provided significant assistance in the preparation of the report." I was reading a complaint from the Attorney General against an appraiser and one of the charges was that the appraiser used the MLS photos for comps photos and failed to disclose that the MLS provided "significant assistance" in the preparation of the report.

Seems like a bit of a stretch or this appraiser must have really ****ed someone off. I always state if the photos were from the MLS but haven't included the apparently-now-required "significant assistance" clause.[/QUOTE]

In virtually ALL my reports, MLS provides significant data, irrespective of use of the photo.
So, you are saying that in ALL reports where MLS is the source of your data you should report MLS provided significant assistance? Ha! Maybe "MLS" should get a trainee license.

Actually, use of MLS is already acknowledged, or should be, as part of your scope of work.

 

[nauthead]

The following provided significant assistance:

Kodak
Dell Computers
Embarq Internet
Verizon Wireless
GMC
Shell Oil
Tums
Garmin

 

[Mark K]

[


So, you are saying that in ALL reports where MLS is the source of your data you should report MLS provided significant assistance? Ha! Maybe "MLS" should get a trainee license.

Actually, use of MLS is already acknowledged, or should be, as part of your scope of work.

I don't know the extent of acknowledgement given the the offending report, but one of the counts in the Complaint by the AG was "...the appraiser failed to note that the MLS provided significant assistance in the preparation of the report..." Its not like the report had a shortage of other serious issues and errors. The MLS "count" was one of about 10.

It as if the AG considers it a violation to simply acknowleged or disclose but one must state that "significant assistance" was provided.

They ignored so many problems for so long that they are making up for lost time.

 

[Craig E. Williamson]

Comp Photos

I have been appraising for over 30 years and in that time I have had homeowners charge out of their dwelling brandishing firearms on 3 occasions, I have been physically confronted in a public street and have been reported to the Sheriff's department--all for taking comp photos. If I don't feel comfortable taking a comp photo, then I will use one from another source.

 

[Hamlet]

I have never really had a problem taking comp photos. If the owner is outside, I just explain that I'm an appraiser and I've selected their home as a comparable to my subject and ask if I may please take a photo of their home. I've never been turned down and most of the time they offer information on their home. I also include their comments in my report.

REOs, I usually do early in the morning if they are in bad neighborhoods, so any comp pics the owners are usually still sleeping off their previous night experiences.