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#20596 - 10/10/06 08:42 PM Re: Can this guy do this?
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
You had better believe that if I had paid $400 per page for advertising and another agent was trying to use this for free, I would certainly have a problem with it. It is the same as stealing, and I bet the publisher would agree.
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

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#20597 - 10/14/06 01:03 AM Re: Can this guy do this?
Jonathan Wright Offline
Member

Registered: 10/04/06
Posts: 16
Loc: Rancho Cucamonga, CA
This is a tough subject. I still see it as more of an issue of ethics then anything else. I doubt any action can be brought against it, but i would honestly try. If i payed $400 & he was advertising for free i would be mad. The thing is he had to do every magazine by hand when you got 1,000's of copys sent out with no more work then pulling out your credit card.

The magazine pretty much gave you the answer that they don't care by trying to get rid of you on the phone. They got there money from everyone else who advertised so they probably could care less.

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#20598 - 10/14/06 04:49 AM Re: Can this guy do this?
Heading for the Top20 Offline
Member

Registered: 12/30/05
Posts: 228
Loc: Rochester, NY
So Paul,

Is it o.k. also to print up a flyer and staple it to the magazine that makes it's money off selling the ads? I think that absolutely it's illegal -- specifically theft of service as the only way that the magazine stays in business is by selling it's ad space.

Additionally, just because it's free doesn't entitle you to essentially steal it's product by placing your own advertisement in it for free. It wouldn't matter if you advertised anywhere else in the book and paid $400 for it. You got what you paid for with regards to the ad printed and placed in the book. You didn't get the right to plaster printed books with additional information for free. Just my thoughts.
 Quote:
Sure do as there is nothing criminal in what was done!


quote:
--------------------------------------------------------------------------------
Originally posted by Jflynn:

quote:
--------------------------------------------------------------------------------
Originally posted by Paul Oaks:
This is strictly a private civil issue between the agent and the publisher of the guide.
--------------------------------------------------------------------------------

Care to wager?
--------------------------------------------------------------------------------


--------------------
Paul Oaks, GRI
Broker Associate
Coldwell Banker Commercial

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#20599 - 10/14/06 05:52 AM Re: Can this guy do this?
reopro Offline
Member

Registered: 09/13/06
Posts: 33
Loc: Virginia
The agent is not suppose to be putting flyers in the home's magazine. You need to take the matter up with your local board of Realtor.

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#20600 - 10/14/06 11:48 AM Re: Can this guy do this?
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Unfortunately your opinion has no basis in law. Once those homes guides hit the street the are free for the taking or defacing or to line your birdcage or paper train that new puppy. The only person with any standing would be the owner on whose property they are placed and possibly the publisher as most of the homes guides are put out by your local association.

I did not comment on its moral or ethical rightness, only the legal position. The Board could possibly sanction the agent if he is a member of the board but it is definately not a crime.

 Quote:
Originally posted by Heading for the Top20:
So Paul,

Is it o.k. also to print up a flyer and staple it to the magazine that makes it's money off selling the ads? I think that absolutely it's illegal -- specifically theft of service as the only way that the magazine stays in business is by selling it's ad space.

Additionally, just because it's free doesn't entitle you to essentially steal it's product by placing your own advertisement in it for free. It wouldn't matter if you advertised anywhere else in the book and paid $400 for it. You got what you paid for with regards to the ad printed and placed in the book. You didn't get the right to plaster printed books with additional information for free. Just my thoughts.
 Quote:
Sure do as there is nothing criminal in what was done!


quote:
--------------------------------------------------------------------------------
Originally posted by Jflynn:

quote:
--------------------------------------------------------------------------------
Originally posted by Paul Oaks:
This is strictly a private civil issue between the agent and the publisher of the guide.
--------------------------------------------------------------------------------

Care to wager?
--------------------------------------------------------------------------------


--------------------
Paul Oaks, GRI
Broker Associate
Coldwell Banker Commercial
_________________________
Paul Oaks
Oaks Real Estate Group

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