Mahomet, IL asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois

Q: Built home last year and the builder has our home photos all over his builders realty website. Not in our contract.

The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?

1 Lawyer Answer
George W. Svoboda
George W. Svoboda
  • Grayslake, IL
  • Licensed in Illinois

A: You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to take pictures of the property. Those photos would be owned by him even after the closing on the home. If you have no intellectual property rights in the photos, your only option would be to buy them from the builder. To do this, you should hire an attorney to make sure the intellectual property rights are actually transferred to you properly.

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