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Court Victory Protects Right to Use Floorplans in Listings to Market Homes

By MNR News posted 01-16-2025 12:35 PM

  

We’re excited to share a significant legal win for Realtors® and real estate professionals, achieved with the support of the National Association of Realtors® Legal Action Program. On January 15, the Eighth Circuit Court of Appeals upheld key district court decisions in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc. and Designworks Homes, Inc. v. Susan Horak, reinforcing important protections for agents and brokers. This decision puts an end to six years of legal battles. NAR partnered closely with the Columbia Board of REALTORS® to support defendant brokers and agents throughout the litigation. 

The court’s opinion stated: 
“Putting floorplans in listings for existing Designworks homes makes it less costly for potential buyers to discover the homes' layouts and dimensions, [which] tends to increase the number of potential buyers willing to consider buying the homes. The result is that the homes should, on average, resell more quickly or for a higher price than they would absent the use of floorplans.” 

Key Takeaways: 

  • Floorplan “Fair Use” Defense Upheld: Real estate professionals now have a clear “fair use” defense when including floorplans in property listings without violating copyright laws.  

  • Protection Against Opportunistic Lawsuits: This decision helps deter future lawsuits targeting agents and brokerages over floorplan usage. 

  • Floorplans Benefit Home Sales and Buyer Experience: The court recognized that including floorplans in listings can attract more buyers, speed up sales, and potentially increase home values by providing essential property details upfront. 

  • NAR’s Ongoing Support Since 2018: NAR recognized the importance of this issue early on, providing financial support and filing three amicus briefs during multiple appeals. 

“This decision represents a significant win for members and the consumers they serve,” said Kevin Sears, president of NAR. “Floorplans are indispensable tools for agents to market properties effectively and for consumers to make informed decisions during their property search. This legal victory demonstrates how working together at all levels can ensure members have the tools needed to serve their clients. We’ll continue to invest in supporting our state and local counterparts where we believe we can make a positive difference.” 

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