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Tips & Tricks: Floorplan as Source of Square Feet?

Question of the Week: Can I use the square footage reported by the CubiCasa app on my listing?


Answer: As a risk management “best practice,” we always suggest using what’s in the county record. However, there are times when that doesn’t represent the property best. As a member-owned MLS, we want to leave this choice up to you and your seller!


Use these tips if you DO decide to use the CubiCasa square footage in your listing:


1) For Source of Sq Feet field, choose Fee


2) In the PUBLIC remarks, add verbiage such as “County states x Sq Ft. Buyer to do due diligence on actual Sq Ft.”


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PSA: The Importance of Copyright Releases

In the ever-evolving landscape of real estate marketing, captivating visuals play a crucial role in showcasing properties and attracting potential buyers.


There have been cases of photographers taking legal action against real estate agents. There is a common “made for hire” misconception that paying for real estate photography equates to ownership, but this is far from true.


Copyright law is complicated, but the key take-away is that images belong to their creator. Brokers need explicit written permission to use these materials for marketing purposes, and to allow them to be retained for long-term use and distribution within the WVMLS system, including dissemination to third-party platforms.


We recommend consulting an attorney. In the meantime, here are a few key points to help avoid liability:


1. Ownership Clarification

  • Hiring a photographer does not automatically grant ownership of their work. A written agreement with the photographer is necessary to secure appropriate usage rights.

  • When an image is uploaded to the system, the listing broker grants WVMLS ongoing usage permissions, so it’s critical they HAVE those rights to assign.

  • A photo release agreement should speak not only to usage during active marketing time, but also for long-term use and distribution by WVMLS.

2. Types of Agreements

  • There are many ways to structure property photo agreements. Make sure yours covers you for your intended uses.

  • All Rights - the photographer might assign you all rights, title and interest, including copyright to images made for hire.

  • Assignment of Specific Rights - the photographer might retain the original copyright but grant you usage rights for WVMLS property compilations (current and sold), advertising and marketing, public display, distribution, reproduction, in print and on the Internet, and otherwise.


Remember, a clear and comprehensive release agreement not only protects the rights of photographers but also safeguards your professional reputation and ensures a smooth and lawful marketing process. We found this article, which provides a few sample agreements to discuss with your photographer and your legal counsel.

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Upcoming Webinars/Events The Week Of April 22nd At WVMLS


Listing Entry 101 (Webinar) - Tuesday, April 23rd @ 2PM

A walk-through of the listing entry process - perfect for beginners or those looking to brush up on their skills! 




Contact Manager & Collaboration Center (Webinar) - Wednesday, April 24th @ 2PM

The Paragon Contact Manager allows you to automate your searches! Set it up once, and let it notify your client (and you) when a match comes up...and more! Then automate your buyer searches with your own custom Collab Center website. Your clients can interact and provide you feedback with all their listing matches! 




Click Here to visit WVMLS U for additional future class registrations.

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