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Are listing photos included with the agents service?

Are listing photos included with the agent's service when we sell our home? Obviously someone has to pay for the photos. I'm just wondering if they're a separate line item that I pay for or if the agent pays for them.

Asked by Bethany | Austin, TX| 03-04-2024| 1,486 views|Selling|Updated 2 years ago

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Zoltan PeresztegiReal Estate Agent2 months ago

Bethany, short answer first: in the great majority of full-service listings, photography is included in the agent's marketing budget and is not a separate line item billed to you. The ten answers above have that right. Here is the part none of them mentioned, and it is the part that bites sellers later. Whoever pays for those photos, you almost certainly will not own them. Listing photographs are copyrighted creative works. Under U.S. copyright law the copyright belongs to the person who created the image, which is the photographer, from the moment the shutter clicks. Paying an invoice does not transfer it. A handshake does not transfer it. Only a signed written agreement does. People assume "work made for hire" solves this. Usually it does not. For a commissioned work by an independent contractor to qualify as a work made for hire, three things must all be true: the work is specially ordered or commissioned, there is a signed written agreement saying it is a work made for hire, and the work falls into one of nine specific categories listed in the statute. Standalone photographs are not one of those nine categories. So a contract saying "work for hire" often does not do what everyone assumes. The instruments that actually work are a written assignment of the copyright, or a license. What your agent buys is almost always a license, and it is typically limited to marketing that specific listing for that specific term. That single fact explains a lot of behavior you may have noticed: - Photos come down when a listing expires. - The next agent cannot reuse them and reshoots the same house. - Sellers who switch agents are told they cannot take the images with them. - Photographers send invoices and demand letters when images show up somewhere the license never covered. That last one is not hypothetical. The best known case is VHT versus Zillow, where the photo company kept ownership and granted only limited licenses, and Zillow was found to have directly infringed when the images ran on its home design site. National Association of Realtors even publishes sample photo agreements on this, which tells you how routinely it comes up. So here are two asks to make before you sign a listing agreement. They cost nothing and they are ordinary requests. First, get it in writing that professional photography is included at no separate charge, and that it will not be billed back to you if the listing is cancelled or withdrawn early. Marketing reimbursement clauses are where a free photo shoot turns into an invoice. Second, ask for a written license in your name that survives the listing agreement. One sentence does it: the seller receives a perpetual, non-exclusive license to use the listing images for any purpose related to the property. That is what lets you use them later for a rental listing, a sale by owner, or a future relisting without anyone sending you a letter. One 2026 note, since you asked in early 2024. After the industry practice changes that took effect on August 17, 2024, sellers read listing agreements far more carefully and negotiate services openly. Asking what is included, in writing, is completely normal now. A fair caveat: practice varies. Some flat-fee models charge photography separately, and some luxury programs include drone, video and floor plans as standard. The variable is not generosity, it is which service model you hired. I am a real estate professional, not an intellectual property attorney, so if real money rides on image rights, have a lawyer read the clause. I am Zoltan Peresztegi and I work in Los Angeles and the South Bay, so I cannot list your Austin home, but I would be glad to connect you with a strong Austin agent from my network who will put both items in writing without blinking. Zoltan

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Keith Jean PierreReal Estate Agent5 months ago

Bethany, typically this is the case but each agent has different processes. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Kevin NeelyReal Estate Agent6 months ago

This is a common question among Florida buyers and sellers, and the answer depends on your specific situation and local market conditions. Understanding the fundamentals before making any decisions protects your investment and your timeline. In Spring Hill, Hernando County, Florida, the real estate landscape has its own characteristics that affect how this plays out in practice. The Nature Coast market attracts a diverse buyer pool including relocators from higher-cost states, retirees, and local move-up buyers, which creates consistent demand across most price points and property types. The strategic approach is to work with a local agent who can pull current comparable sales data and walk you through the specific factors that apply to your situation in Florida. Every market is different at the neighborhood level, and decisions based on general advice or national headlines often miss the local nuances that matter most to your outcome. Making informed decisions based on local data is always the strongest position. Kevin Neely & Kaitlynd Robbins | K2 Sells

Lisa Marie ContaldiReal Estate Agent1 year ago
Novice2 Answers

Professional Photography is one of the most important aspects of marketing your home. You should always look over the marketing plan and ask if there are any transaction fees or additional fees. In recent years, Photography includes aerials and video. A good full service broker never charges fees for marketing!

Alexandria AymelekReal Estate Agent1 year ago
Rising Star12 Answers

You'll want to ask your agent, or check the listing agreement.

Jamie MerwinReal Estate Agent2 years ago
Rising Star20 Answers

More often than not, this is part of the services a sellers agent provides. The agent should clearly state what they are going to do to sell your home before you hire them.

Jennifer SchillReal Estate Agent2 years ago
Rising Star19 Answers

There are listing photos and then there are professionally photographed listing photos. Each agent is different, and you should ask each agent you interview about their marketing plan, specifically the listing photos.

Marty & Abby ChampagneReal Estate Agent2 years ago
Semi-Pro83 Answers

Depends on the agent you use. Some include them others do not. Some say a lower commission amount but make you pay for the extras. So be sure to ask your realtor all these questions upfront.

Lisa Bolanos, JDReal Estate Agent2 years ago
Novice4 Answers

That’s a great question given the national Association of realtors settlement on Friday. It has traditionally been included with the commission. I personally always provide listing photos from my clients.

Nicki HeadenReal Estate Agent2 years ago
Novice1 Answer

Yes! I always will pay for professional photos for my listings and do NOT ask my sellers for reimbursement as it is part of the services provided on the listing.

Kari NewtonReal Estate Agent2 years ago
Novice1 Answer

Hello Carlos! Every agent is different on what is included in their listing presentation to a seller but I would say that most likely cover the cost of photos. I know I do because I want good quality photos, they are the single most important item to properly marketing a property.

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