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QLD Builder Taking Photos of House - Legal?

Discussion in 'Australian Consumer Law Forum' started by Karyn, 16 April 2015.

  1. Karyn

    Karyn Member

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    Hello. I'd like to know would under property law: the builder of the home we purchased nearly 3 years ago has come and taken photos of our house one year after the purchase and displayed those photo's on his website to advertise the style of home he builds. This has been done without asking us and without our permission.


    I will look forward to your response and answer.
    Kind regards
     
  2. Sophea

    Sophea Well-Known Member

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    There is generally nothing wrong with taking photos of your house, if he was standing on public property at the time. However, I would think that he requires your consent to use the images for a commercial purpose.
     
  3. Karyn

    Karyn Member

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    What would you suggest we do about this? He clearly has photo's of our house on his website to advertise what he builds.
    With thanks & regards
     
  4. Rod

    Rod Well-Known Member

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    You could view this as a positive. Means he feels pride in the workmanship that has gone into the house that you now own :)

    Certainly better than having a shoddy builder with a poor quality build.
     
  5. Karyn

    Karyn Member

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    Thanks Rod for your reply and I agree with your answer, however, the builder was a very nasty person to us and tried to sue us for a wall he agreed to erect for free and then tried to charge us and now has taken photo's of our house without our permission to use on his website.
     
  6. Rod

    Rod Well-Known Member

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    Read your builders contract. There may be a clause in there allowing him to use pictures.

    If there is no clause, write him a letter/email saying he doesn't have your permission to use the pictures and must pay $x to you for commercial use of your property images or request the images be removed from his web site.

    As you have no damages, the best you could hope for at court is the removal of the pictures from the site with part recovery of your legal costs.
     
  7. Tim W

    Tim W Lawyer

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    If he enters (or has entered) the land, then you might be talking trespass,
    but if not, then there is nothing stopping him standing in the street
    and taking pictures of your house.

    It is helpful (albeit frustrating) to understand that
    there is no right of privacy of the kind you might think.

    I suggest speaking to a solicitor who can assist you with a "Cease and Desist" letter,
    which would probably include a demand to take down any pictures.
     

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