Advertising a Home for Sale -- When It's Not

: Richard Montgomery on Aug 6, 2024

Dear Monty: How can real estate agents use my mom's house, which isn't even for sale, as an advertisement for their business? The ad has a big "contact agent" button on her home info page. That seems like it should be against the law; she has permitted no one to use her property as a come-on so they can sell other properties. Something needs to be done about this. What can we do?

Monty's Answer: It is not uncommon for scammers to snap a photo of a home and use it for their nefarious purposes. There may or may not be a real estate agent involved. Here are some steps to proceed:

No. 1: A word of caution: Check with or find a technology expert before clicking on any ad link. I am not an expert, but my understanding is that there are tools you may inadvertently install on your computer that can read your keystrokes to garner information that could lead to financial losses.

No. 2: Verify the listing. First, confirm which website displays the property and gather all relevant details.

No. 3: Contact the website. Most reputable real estate websites have procedures for reporting inaccurate listings. Look for a "report a problem" or "claim this property" option on the listing page.

No. 4: Reach out to the agent/brokerage. If an agent or brokerage is named, contact them directly to request removal of the listing. They may have made an error or received incorrect information.

No. 5: Document everything. Keep records of all communications, the names of those you spoke with and screenshots of the listing. Your email needs to clarify this, but assuming you discovered this on the internet, send a screenshot of the page that includes the URL and include it with any reporting submission.

No. 6: Legal considerations: Using someone's property without permission for advertising purposes could violate certain laws. If the issue persists, it may be worth consulting a local real estate attorney.

No. 7: Check public records. Ensure your mother's ownership information is up to date in public property records to prevent future misunderstandings.

No. 8: Consider a "not for sale" sign: A visible sign on the property might deter further misrepresentations if this is an ongoing issue.

You can check out the FBI's 2023 Internet Crime Complaint Center report to learn about and report fraud.

Additionally, just in case a real estate agent is involved, use the same story, links and screenshot you used to notify the state where the home is located through their official website. The department could be called "regulation and licensing," "professional standards," "real estate department" or something else. It is the department that grants licenses to real estate agents. If an agent is involved, they will investigate and stop it.

STEPS TO TAKE IF THE WEBSITE OR AGENT IS UNRESPONSIVE

-- Research potential legal implications of unauthorized property listings. Using photos without permission violates intellectual property rights.

-- Escalate to the website's parent company or the agent's broker.

-- File a complaint with the Federal Trade Commission.

-- Consider sending a cease-and-desist letter (potentially with legal assistance).

These issues underscore the importance of addressing unauthorized listings promptly and thoroughly. While most cases are resolved without significant consequences, being proactive can prevent potential complications.

Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com and PropBox, Inc. He provides consumers with options to real estate issues. Follow him on Twitter (X) @dearmonty or DearMonty.com.

----