Sold but not forgotten: Ghent court sets limits on real estate publicity

A stylish kitchen, a sun-drenched terrace or a luxurious bathroom: as a real estate agent, you know how crucial strong photos are to a smooth sale. But what once the property is sold? Can you continue to use the images for your portfolio or future marketing? The Ghent Commercial Court recently brought more clarity. Marc D'Hoore, NOMA partner and expert in partnerships, disputes and contracts, briefly explains the ruling.

Specifically, the real estate agent must take all reasonable steps to stop publicity once the sale is completed. At a minimum, this means removing ads, photos and promo videos from its own websites and media platforms.

Failure to comply with this obligation constitutes fault on the part of the broker, the court said. In this case, the damages suffered were estimated at 5,000 euros. Although the real estate broker was allowed to keep his commission, the buyer was entitled to damages due to the continued publicity of the property sold.

As a real estate agent, be sure of your piece? Establish a contract that allows you to continue using real estate photos and videos of sold properties for your portfolio and marketing.
- Marc D'Hoore

Avoid legal discussions: put it in your contract

This ruling underscores the importance of conclusive contracts and well-coordinated general terms and conditions. If, as an estate agent, you want to continue using images of sold properties for marketing purposes, it is best to provide for this explicitly in your contract with the owner. A clear clause laying down the seller's consent can prevent much legal uncertainty and ensure that you can continue to showcase your expertise without problems.