Is it Legal for a Real Estate Broker to Publicly Post Your Name and Property Address?

Good morning, Brandon,

Anyone can go down to the courthouse and find out information about you and the real estate you own that is of public record. However, this does not mean that a private firm or a real estate company can advertise your name and address without your consent.

Understanding Public Records and Their Availability

There is a small industry of individuals at courthouses or online who gather and sell public record information. This includes details about property transactions, traffic accidents, and financial judgments. This information is often sold to commercial entities, leading to unsolicited mail about insurance, home services, or products.

For example, after purchasing a home, you can expect a significant amount of mail targeted at insurance and home services or products. Similarly, if there's a traffic accident, you might receive solicitations from personal injury lawyers and chiropractors. Financial judgments against you will be included in your credit reports.

Public Record Exposure and Media Coverage

Information about property sales often becomes public record and may even be published in newspapers with details such as the price you paid. In the digital age, nothing is truly private anymore. Access to your information is widely available, even to those unfamiliar with legal procedures.

Your name and address might also appear in public records, such as the registry of deeds or assessor records. In some cities, local newspapers publish the names and addresses of all property buyers in the area. The property address is public knowledge, but your name might not be, especially if you are a first-time buyer or if the broker does not have your consent.

Brokerage Practices and Legalities

Brokers may be required to provide certain information to tax and local government authorities, but this is typically handled by a solicitor. In some cases, when a developer is selling multiple new homes, a salesman might mention the sale to a new resident as a way of highlighting the development's up-market status.

The legalities regarding the posting of your name by a broker are not entirely clear, but it is generally advisable for brokers to obtain your permission first. Even so, the information is part of public records, meaning that anyone can look it up, including the public, tax authorities, and other real estate companies.

There are cases where brokers might strategically share this information to market a property effectively. For example, saying, 'We just sold house number 22 to the nice new professor in the college' can highlight the desirability of a neighborhood.

What You Can Do if You Feel Your Privacy Has Been Violated

If you feel that your privacy has been violated by a real estate broker, you can take several steps. First, ask for a copy of their policy regarding information sharing and review their compliance with regulations. Additionally, you can contact your local real estate board or the local consumer protection agency to file a complaint.

Conclusion

In conclusion, while the sale of your home becomes public record, it is not entirely clear if a real estate broker can post your name and property address without your consent. It is advisable to ensure that you have given your explicit permission for such postings.

Thanks for the A2A, Brandon. I am in agreement with Mr. Nanninga that property sales information is typically made public. In my city, the local newspaper often publishes the name and address of all property sales in the area.

While your name and address are indeed part of public records, which anyone can look up from the registry of deeds or assessor records, the practice of publicly sharing this information without your consent creates a need for greater transparency and regulation.