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Q: “I’m currently representing a seller. It has come to my attention that another licensee is using pictures of the property I’m listing on their social media page. The address is not included in their posts, but it’s obvious which home it is. My seller still doesn’t like that pictures of their home are being used by another licensee. Is the other licensee allowed to use these pictures?”

A: No, using pictures of a home without the owner’s permission in this situation is a violation of the regulations on advertising by real estate licensees. 18VAC135-20-190(E)(4) prohibits a licensee from advertising a specific identifiable property without obtaining permission of the seller. Here, though the address is not given, the property is still identifiable from the pictures. Furthermore, the seller has not given permission to the other licensee to use pictures of the home in their social media advertising. As such, the other licensee has likely failed to comply with 18VAC135-20-190(E)(4). 

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