NAR

Why We Don't Use Drones For Aerial Photography

Unmanned aerial vehicles also known as drones are some amazing pieces of engineering. The photographic and videography capabilities of these units offer a unique view of our world. Real estate agents are naturally drawn to this technology as an exciting way to show a property, especially large acreages and expansive buildings. When these units first came out I immediately started shopping for a unit for our business.  However, we received very quick warnings from the National Association of Realtors (NAR) to not use them.

Recently I have seen agents around the country and locally advertising and promoting the fact that they offer this service to prospective sellers. I sent an email to MAR legal counsel Linda Gifford, asking her if the FAA had lifted the ban. She told me without a doubt, as of this date the FAA prohibits the use of these vehicles for any commercial use, including the promotion of real estate. Linda advised me not to use them. As a Realtor, I am thankful for my affiliation with the Maine Association of Realtors and the National Association of Realtors. These two organizations keep its members up to date on rules and legislation both state and federal.

The commercial use of UAV's  could draw the attention of the FAA with expensive fines for the real estate agent and their agency, but what kind of liability do their sellers have should an investigation take place? What if one of these agents accidentally crashes the UAV into a home, moving vehicle or another aircraft while using a tool that the federal government tells us not to use? I am no lawyer, but I would wager that the lawsuit the agent (and vicariously the property owner who hired them) would have filed against them would be a slam dunk for the plaintiff.

So why is it that we are seeing blatant violations of FAA and NAR warnings? Non Realtor agencies and agents may have an excuse (though not a very good one) because they could be ignorant of the rules. But for the Realtors who are using the devices, shame on you. As Realtors we should be setting the example.

United Country McPhail Realty will continue to get its aerial photography the old fashioned and legal way by hiring professional pilots and shooting photos from FAA approved aircraft. Once the FAA lifts the bans and approves the use, we will begin using this exciting tool.

I welcome your comments.

See the video from NAR explaining the FAA position and that of NAR.

Comments

  1. Tony Cesare on

    Very interesting article. I can imagine that at the pace the FAA works it could be a few years before they develop the rules for UAV's. Until that happens we will be happy to provide the flying your business needs to help with your marketing of properties.

    Realtor Land Institute Conference 2015

    This past week Peter McPhail and I attended the Realtor Land Institute National Business Conference in Tucson Arizona. We were among a contingent of United Country Real Estate ALC's and RLI members from Maine to California to attend the conference. The 3 day event featured national expert speakers on the economy, instructors on new real estate training and technologies plus networking opportunities with over 200 of the best land brokers in the country.

     

    economist at RLI

    Dr. Mark Dotzour Speaking at 2015 RLI Conference

     

    The conference opened with Lawrence Yun, The NAR's chief economist, KC Conway Senior VP of Sun Trust Bank and Dr. Mark Dotzour of Texas A&M. The three gave the group their predictions on what we should expect from the economy in 2015. Here are some of their predictions; o The U.S. GDP will underperform again this year staying below the historic norm of 3% growth, while Europe will remain around ZERO. o Interest rates will remain low but will increase slightly midyear. o Farmland prices are expected to fall with lower commodity prices o Foreign investment in US dollar assets will increase o Supply chain will switch from West Coast to the East Coasts more modern and efficient ports o Oil prices should remain low throughout this year, but gas predicted to hit $3 per gallon because of a lack of refining capacity to keep up with demand o None of the three are concerned with inflation with one predicting deflation for 2015 All three economists feel that the recovery is being slowed by the 2010 Dodd/Frank legislation that came in the wake of the banking meltdown of 2008. All agree that the legislation should be loosened to exempt smaller local banks from much of the restrictions intended to keep TOO BIG TO FAIL BANKS in check. Small banks simply can't afford the legal army needed to wade through this complex law. They have become more selective than they want to be in making loans because of fear of the new laws. These banks were not at the core of the financial crisis and most are doing well. Ask your state senators to get behind reforms to Dodd/ Frank which will encourage lending to home builders and new home buyers.