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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Our house builder, Crest Nicholson, who are still marketing

Resolved Question:

Our house builder, Crest Nicholson, who are still marketing properties on our site, have used a photo of our house in a newspaper advertisement. This is the second time to our knowledge. The first time I made a complaint and they said it wouldn't happen again. Are they entitled to publish without our consent? Meriel Fisher
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I am afraid if they took the photo they own the copyright in it and as such are free to publish it without your consent but in your case, they promised that they would not do it and have broken their promise, so you should inform them that you hold them liable for breach of contract and will be seeking remedies for such breach.
Unfortunately, legally there is not much you can do unless you can show that you have incurred losses as a result of their breach.
May I help further?
Customer: replied 2 years ago.

Thank you for your reply. The promise Crest made was only verbal so I couldn't prove breach of contract. It's just made me really cross that they should use our house to sell their remaining properties.

Expert:  UKSolicitorJA replied 2 years ago.
A verbal contract is also enforceable so you should still go ahead with the complaint.

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