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Homeowners Beware: Legal Risks of Posting Floor Plans

We have had a lot of calls recently from Sellers inquiring about posting floor plans so we decided to write another blog on the subject. Homeowners do not own the floor plans of their homes. Posting these plans on any media, whether in printed magazines, newspapers, or online platforms like Facebook, Instagram, YouTube, Zillow, or various real estate websites, can expose homeowners to legal action. Architects or builders who created or own the designs can sue for legal damages. This applies to For Sale By Owner sellers, those using Flat Fee MLS Listing Services, or Traditional Real Estate Companies.

In August 2021,the Eighth Circuit U.S. Court of Appeals ruled that anyone replicating images of floor plan reproductions of an existing building could be liable for copyright infringement under architectural copyrights.

Homeowners use floor plans for various purposes, such as making home buying decisions, planning upgrades, and obtaining permits for renovations. Floor plans are also required for appraisals when securing financing, and real estate professionals use them for marketing homes to ensure accuracy and transparency.

While actual plans have always had copyright protection, the 1990 Copyright Act extended this protection to architectural structures. It was previously understood that this protection did not cover floor plans or drawings used to market and sell buildings. Section 120 of the Act states, “The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.”

This understanding changed in 2021 when the Eighth Circuit Court of Appeals ruled in the case between Designworks Homes, Inc. and Columbia House of Brokers Realty, Inc. The court concluded that the term “pictorial representations” in Section 120 referred only to representations similar to paintings or photographs, not technical representations.

On April 7, 2022, the National Association of Realtors filed an amicus brief with the Supreme Court, arguing that this ruling misinterprets federal law by allowing copyright lawsuits against appraisers, homeowners, real estate professionals, and others.

Without written permission from the architect or builder who owns the architectural renderings, homeowners should refrain from using floor plans in any advertising or marketing, even if they have been used previously. If the Supreme Court rules that creating drawings of existing structures is liable, using floor plans without appropriate permission could result in copyright infringement lawsuits against homeowners, real estate professionals, brokerage firms, and others, with potential damages exceeding $100,000 plus legal expenses per occurrence.

Selling your home independently without a traditional real estate service requires commitment and due diligence, but it can save you thousands of dollars in commissions. Maximizing marketing exposure is key. With decades of experience, we have sold over a billion dollars in real estate and saved sellers millions in commissions. Explore our For Sale By Owner Ohio Flat Fee MLS Listing options at Ohio Broker Direct to enhance your marketing exposure, ensuring a quicker sale at a higher price with better terms tailored to your needs. Reach out to us directly, visit our blog page, or sign up for our newsletter to stay informed and maximize your profit. We look forward to the opportunity to earn your business.

Ohio Broker Direct & its Brokers or Associates assumes no responsibility or liability for any errors or omissions in this blog, we advise all participants in buying or selling real estate to enlist the services of a Real Estate Attorney.

About the Author

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Joan Elflein, Principal Broker and founder of Ohio Broker Direct, has been a trailblazer in the real estate industry since 1983. She established Ohio Broker Direct, a flat-fee brokerage firm, to champion ethical practices and client empowerment. Joan's innovative services have saved Ohio sellers millions in commissions and earned her firm an A+ Better Business Bureau rating. With over a billion dollars in transactions, you can ensure Joan's decades of experience will provide top-tier professional service and personal care in every interaction. 

Tana Lantry, Senior Broker at Ohio Broker Direct, brings over a decade of expertise in business, commercial, and residential real estate. As the 2017 President of the Columbus Independent Brokers Association, Tana drove change and expanded membership growth. She excels in guiding clients through home buying/selling, commercial sales, and 1031 exchanges. With extensive experience in Self-Directed IRAs, Tana provides comprehensive guidance for real estate investments. Together, Joan and Tana offer unparalleled expertise and dedication, ensuring the highest standards of professionalism and care at Ohio Broker Direct.

Have Questions?

If you have any questions regarding the for sale by owner process, or how we can help you save money while selling your home, please don’t hesitate to contact us today. We will happily answer any questions you may have, and look forward to working with you in selling your home.

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