Can I Post Videos, Stories, and Reels of a Listing? What Do the Rules Say?

Video-based social media platforms like TikTok and Instagram have become enormously popular with real estate agents. These dynamic sites allow agents to promote their business and to display videos of listed properties.

Recently, an increasing number of agents are booking showing appointments – not to show a client, but to film properties they think may draw attention to their own social media. These videos are sometimes filmed and edited by professionals, incorporating music and written scripts.

Clearly, these videos go above and beyond the “showing” of a property. Let’s look at this potentially problematic practice.

“Consent for Visitors to Video”
The first issue comes from confusion related to the MLS input field “Consent for Visitors to Video.” This field was created so the property owner to give (or refuse) permission for visitors with a proper showing appointment to video while inside the property. If permission is granted, the potential buyers can record the property to use the video for future reference. This also allows a buyer’s agent to film the property to show to a specific potential buyer.

Clearly, this field was NEVER intended to give blanket permission for an agent to come into the property, film, and post the video to social media.

MLS Rules Violations: Section 8.04
When booking an appointment to show a property, the assumption is made that the showing agent is entering the seller’s property to show the home to a potential purchaser. If an agent is entering the property with the intent of filming the property for social media posts, there is potential for a violation of MLS Rules and Regulations, Section 8.04, which limits the access to listed properties only for purposes or activities related to brokerage activities.

MLS Rules Violation: Section 17.04
Filming and posting a property on social media falls into the category of marketing another brokers’ property. Was permission sought from the listing broker to post the video on social media sites? Is the seller ok with this activity?

Remember, the intent of “Consent for Visitors to Video” was not this purpose. Yes, marketing another brokers’ listing can be done, but written or verbal permission from the listing broker is not sufficient. Agents must also follow the Internet Data Exchange Rules under section 17 of the MLS Rules and Regulations.

From Section 17.04, “Property listings on consumer accessible web sites that contain NTREIS data must show the Listing Participant’s company name and the Listing Agent’s name in a reasonably prominent location on each property listing in a print size that matches the size of the print in the remarks section or that matches the other print in a listing that does not include remarks. Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc., of two hundred (200) characters or less or for audio delivery of listing content are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from the disclosure requirements only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device’s application”.

You Might Be Trespassing
Lastly, if you book a showing appointment, but you aren’t showing the property (we have had reports of entire film crews showing up at properties for filming purposes), then are you trespassing? If you are there for any other purpose besides showing the property, you might be. When permission is granted to the showing agent, it is assumed that the agent will have a potential buyer with them, not a film crew!

Imagine you are the seller. As you scan social media, you find a video of someone on YOUR countertop, in YOUR kitchen, talking about YOUR home. Or imagine a member of the public scrolling social media account and stumbling across a video of a property and the associated music is littered with racial slurs – the agent who posted the video thought the song title was cute and didn’t listen to the actual lyrics. We can’t make this stuff up!

If you would like further information or clarification on this topic, please feel free to reach out to Cathy Faulkner, MLS Director at cathyf@dfwre.com.