Can I film a house (property) on MLS?

Question

Newbie RE Agent here. (Newbie to BiggerPockets as well)

I have several potential buyers looking to purchase income properties.

As we are now in COVID-19 era, I am thinking I take a video around the properties and the neighborhood and post it on Youtube, so they can see it.

Is this against any rule or law? I am concerned if this is against any copyright as I am posting it on public space, Youtube.com.

Nathan Gesner · Answer

It is not against the law or the MLS rules (as far as I'm aware) but you should ask the Listing Agent, particularly if the home is still occupied. You want to protect the privacy of the occupants. Personally, I would put the video on a Youtube channel that is private so it's only available to view when I share it with someone. This would also prevent them from posting it on social media or sharing it with others. I would also consider not sharing the address in the video so it can't be targeted by anyone for malicious purposes.

David M. · Answer

@Unki Kim

You really should be talking to your broker, especially since it doesn’t matter what anybody says here.  Your Broker of Record is what really counts.

Otherwise, it’s generally bad form to be taking pictures / photos of other people’s property.  Especially in this time where everybody has smartphones and likes to post photos on Facebook, Instagram, etc...  I have to stop my clients from doing their “reflex” to just snap photos and make videos as if they are tourists.  I will let it slide sometimes in vacant homes especially where there is nothing to “protect.”  In my opinion, it’s part of the function of the Realtor as people list with Realtors supposedly knowing that showing Realtors are there to “protect” their property (eg theft, damage, etc.).  If some homeowners wanted the interior of their home televised, I’m sure they would do it through national tv venues or simply making their own YouTube videos.

Furthermore, the “extra” provided advertising goes both ways.  While you think you are doing a great job, maybe the listing agent/broker and/or seller won’t like it.  You don’t have the listing so you can’t be marketing it on your own whim for lack of better term.

Just my opinions on the business.  You really should be consulting your Broker.

James Wise · Answer

If you're publishing it publicly on YouTube or something of that nature typically you do need the seller's permission. However if you're just sharing existing publicly available content like MLS pictures and info you should not need permission. Now all of that should be taken with a grain of salt. In the grand scheme of things I doubt your going to be dealing with any consequences outside of someone asking you to take it down if you did film a home.

Bruce Lynn · Answer

Check with your broker as well.   My broker would say typically, if you have to ask the question, then you know the answer is "no" in most cases.   Would you want someone filming your personal home and putting it on youtube?   My guess is even without addresses, you don't want to advertise properties that are not your listings.   You might want to check with the association you belong to as well.   I would guess they would prohibit this.

Theresa Harris · Answer

A lot of listings have virtual tours, so you could just share the MLS link with your clients.  If not, talk to the realtor and the occupant.

Unki Kim · Answer

Thank you Nathan and Irene!

Unki Kim · Answer

Thank you for the reply.

How about if the house is not occupied, no tenants, e.g. single family house,

& I do not share the exact property address (removing #house number on video)

would this sound okay?

I am thinking if my video review of these income properties on Youtube can attract potential clients who were looking for similar properties.

For this case, the property address is not important, but more about me showing how I analyze the properties for clients

Irene Nash · Answer

Definitely check with the NWMLS, they are very responsive and can tell you first off if this would be allowed, and secondly if you need to be getting permission from the listing agents. No one on here can actually give you the thumbs up for sure, start with the MLS.

Unki Kim · Answer