it has come to my attention that the listing agent for a project that i design has credited the project to another architect. i worked with this realtor to provide them with marketing material and the architect that was credited with the design informed the realtor to correct the information over a year ago. i am at fault for assuming the information in the marketing material would credit me for the design. what kind of right do i have in regards to intellectual property, etc.
Have you approached the realtor about changing the material? I guess I'm asking, before you start racking up the lawyer's fees, is it an honest mistake that can be easily fixed?
I'm curious what the result will be, please keep us informed.
i have contacted the realtor and was told they would change the marketing material. currently approx. 60% of the condos have been sold or are under contract. i have consulted my attorney and they feel that intellectual property rights have been violated. what pissed me off the most when i confronted the realtor they felt it was an oversight and a minor issue that could be resolved with new marketing material.
damages would probably very little, unless it can be definitively proven that the other architect was conspiring to take credit (it sounds like not) or that the realtor was intentionally trying to defraud you or that people purchasing the condo's were relying on the other architect's 'name' as the primary factor in their decision to buy.
in the end, yeah it sucks not to get the credit, but very difficult to collect on actual damages. (presumably you were paid for your services, so if you don't have a contract with the realtor, then you're probably s.o.l.)
damages - i would have to say the loss of potential clients. this project has been one of the best selling projects in the area (the realtor stated this to me today) and word of mouth seems to be one of the best ways of marketing here. also, how it is affecting my credibilty. i am a sole proprietor that has only been practicing for about 2 years and a successful project of this size clearly improves my image.
Or unless the other architect had gotten new clients which specifically came to him saying "oh, I found you because my friend bought one of the such-and-such condos that you did"
realtors are idiots - realtors are whores. they downplayed the mistake because they know they screwed up, big time.
realtors get 6-8% for doing virtually no work and taking virtually no risk. you're lucky to get 4-6% in exchange for incredibly hard work and immense risk.
I'd say take your attorney's advice -pursue your intellectual property rights.
In college, they'd throw you out for representing somebody else's work as your own.
I'm just curious - how could they possibly confuse your work for another architect's ?
it is bullshit. the architect noted was the planner for the subdivision and are on the design review board. and somehow there was a misunderstanding. oops.
if you are really worried about losing potential clients through incorrect information, then you should provide a correction. write a one-page explanation - that you are the architect, that the real estate agent acknowledges their mistake, and that the design is of your creation. make a note that you are available to provide more detail and information on the design and the issue.
take this note, on company stationary, and make sure it goes to every single house in the project. if people are interested, they will contact you or at least have the correct information.
this is likely to be more "attention-getting" to the buyers, than them just buying the property in the first place and hearing a name.
be firm of your rights, but not arrogant. don't worry about your feelings, just worry about the professional position you hold. this not about ego - it is about business.
Also get some publicity done for the project with your name mentioned as architect, may be insertions in journals or news papers, charge the bastards for any expenses occured.
i think that last is a good idea, but it doesn't need to involve a cash settlement at all. maybe the deal with the realtor is that you're somehow the subject of 'feature' marketing materials. and/or they could spin the sole practitioner's story as an interest piece for local papers and you'd get some recognition. if you keep it friendly and nonconfrontational - while making it clear that there is a wrong to be righted - they may see it as an opportunity as well...
is the subdivision planner like a duany or calthorpe or something? it's probably not so much a straight 'oops' as it is that the people putting together the marketing thought they could get some mileage out of a name. why would their name be interesting to include in the marketing materials?
dlb has a great idea--that way they have your name and contact info printed already, and I guarantee you they will file the paper away with their house info in their filing cabinet, and the day they decide to make changes or some friend tells them they're looking for an architect they'll bust that file back out!
May 1, 07 1:54 pm ·
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Realtor misrepresenting designer
it has come to my attention that the listing agent for a project that i design has credited the project to another architect. i worked with this realtor to provide them with marketing material and the architect that was credited with the design informed the realtor to correct the information over a year ago. i am at fault for assuming the information in the marketing material would credit me for the design. what kind of right do i have in regards to intellectual property, etc.
call your attorney.
Have you approached the realtor about changing the material? I guess I'm asking, before you start racking up the lawyer's fees, is it an honest mistake that can be easily fixed?
I'm curious what the result will be, please keep us informed.
i have contacted the realtor and was told they would change the marketing material. currently approx. 60% of the condos have been sold or are under contract. i have consulted my attorney and they feel that intellectual property rights have been violated. what pissed me off the most when i confronted the realtor they felt it was an oversight and a minor issue that could be resolved with new marketing material.
unfortunately the realtors' response isn't too surprising, for a couple of reasons.
the real question is what are your damages?
damages would probably very little, unless it can be definitively proven that the other architect was conspiring to take credit (it sounds like not) or that the realtor was intentionally trying to defraud you or that people purchasing the condo's were relying on the other architect's 'name' as the primary factor in their decision to buy.
in the end, yeah it sucks not to get the credit, but very difficult to collect on actual damages. (presumably you were paid for your services, so if you don't have a contract with the realtor, then you're probably s.o.l.)
damages - i would have to say the loss of potential clients. this project has been one of the best selling projects in the area (the realtor stated this to me today) and word of mouth seems to be one of the best ways of marketing here. also, how it is affecting my credibilty. i am a sole proprietor that has only been practicing for about 2 years and a successful project of this size clearly improves my image.
Or unless the other architect had gotten new clients which specifically came to him saying "oh, I found you because my friend bought one of the such-and-such condos that you did"
it's harder to sue, though, on lost potential. and, to implicate the other architect, you need to prove conspiracy to defraud you.
let us know how the negotiations turn out. my sense is, if you really have a good case (and you may very well), the realtor will want to settle. fast.
realtors are idiots - realtors are whores. they downplayed the mistake because they know they screwed up, big time.
realtors get 6-8% for doing virtually no work and taking virtually no risk. you're lucky to get 4-6% in exchange for incredibly hard work and immense risk.
I'd say take your attorney's advice -pursue your intellectual property rights.
In college, they'd throw you out for representing somebody else's work as your own.
I'm just curious - how could they possibly confuse your work for another architect's ?
it is bullshit. the architect noted was the planner for the subdivision and are on the design review board. and somehow there was a misunderstanding. oops.
if you are really worried about losing potential clients through incorrect information, then you should provide a correction. write a one-page explanation - that you are the architect, that the real estate agent acknowledges their mistake, and that the design is of your creation. make a note that you are available to provide more detail and information on the design and the issue.
take this note, on company stationary, and make sure it goes to every single house in the project. if people are interested, they will contact you or at least have the correct information.
this is likely to be more "attention-getting" to the buyers, than them just buying the property in the first place and hearing a name.
be firm of your rights, but not arrogant. don't worry about your feelings, just worry about the professional position you hold. this not about ego - it is about business.
Also get some publicity done for the project with your name mentioned as architect, may be insertions in journals or news papers, charge the bastards for any expenses occured.
i think that last is a good idea, but it doesn't need to involve a cash settlement at all. maybe the deal with the realtor is that you're somehow the subject of 'feature' marketing materials. and/or they could spin the sole practitioner's story as an interest piece for local papers and you'd get some recognition. if you keep it friendly and nonconfrontational - while making it clear that there is a wrong to be righted - they may see it as an opportunity as well...
is the subdivision planner like a duany or calthorpe or something? it's probably not so much a straight 'oops' as it is that the people putting together the marketing thought they could get some mileage out of a name. why would their name be interesting to include in the marketing materials?
dlb has a great idea--that way they have your name and contact info printed already, and I guarantee you they will file the paper away with their house info in their filing cabinet, and the day they decide to make changes or some friend tells them they're looking for an architect they'll bust that file back out!
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