I have researched the use of drones for my real estate photography business.  I was within days of making a purchase when the FAA ruled that ALL commerical use of drones was illegal.  They have levied some significant fines on several real estate agencies for just using photos taken from a drone.  I think the technology is absolutely fantastic for real estate marketing.  I have seen some wonderful videos of properties and the surrounding areas.  Until they are made legal again, I will NOT use them for our marketing.  Be VERY careful here as the FAA is extremely aggresive in going after violations. 

Unfortunately, Gabe, the FAA specifically called out Realtors and said flying drones to take video of listings is considered commercial use and is not allowed without a permit, which can take months.  I'm not sure how the FAA is enforcing it, but they specifically mentioned Realtors.

Here is an article that was just released about recent permits issued:

http://www.cbsnews.com/news/faa-issues-permits-for-agriculture-real-estate-drones/ 

Hope that helps!

I bought one for my IT guy who takes videos for me and gives them to me.  I'm not flying it for commercial purposes, and he doesn't get compensation so he's doing it as a hobby, which i believe is still legal.

I don't! I will hire someone to do that.

 I am presently using a drone for listings on a limited basis. Limited in the height and location of the still photos and videos. Trying to stay under the FAA "radar".

The feedback from clients is amazing and word of mouth advertising speaks for itself. Like anything in this World, there are people that abuse and test ones limits causing harm to us all. Limited regulation  and strong punishment is key to the successful use of drones in our business. After all hobbyists are pretty much unregulated, albeit some restrictions are in place. We as professions should be more responsible with this "tool" than a person using this as a casual part time toy.

Gabe Sanders, I wouldn't want use that defense in a lawsuit brought by the FAA. I posed the same scenario to my attorney who is a licensed real estate broker, and a licensed flight instructor as well.  His interpretation is that you are the commercial connection, in that you as the real estate salesperson are using the images to promote or sell something (real estate). Even if your 12 year old kid had a drone and he/she took some photos of a listing which you then used in kind to promote that listing, it is considered commercial use. Be careful, as I understand the fines are not like those for getting a speeding ticket.

Yes.

I would first learn to fly it and become proficient enough to shoot video tours of my listing and some great pictures in the Gulf and San Juan islands while out on my boat this summer...

After reading that using my drone for my listings is illegal, I guess I will keep my thousand dollars and shoot regular photos...  

It is a sad day when Americans will not do something until there is "a law saying you can."  Although I know the FAA is finding laws and enforcing them against people.  Let's go beyond the obvious of photoing homes.  How about a drone that can get my coffee?  Use to watch my kids at the park while I am at home?  Or check out traffic for me in advance?

Good morning all!  This issue is incredibly complicated and there is alot of misinformation and confusion regarding rules and legality for commercial operation.  The important thing to understand is that first and foremost, if you're going to either use a drone yourself or hire someone that does it, research thoroughly and be SAFE!  UAS are great tools for real estate and beat the PANTS off anything Google earth can produce, but just like any tool, it's important to use it correctly and safely for it to work.

It's also important to understand that, as of yet, the FAA has 0 cases of successfully prosecuting UAS operators.  There are also no cases of anyone being fined, yet.  The FAA and National Association of Realtors are promoting false and misleading information regarding both of these issues.  If they want to win any court cases, they'll need to establish a law, or at least a legal precedent, which they have so far been unable to do. 

What they HAVE done is issue advisory circulars and rule "interpretations."  While these do have legal standing, they're not quite the same as a law and so far have not been effective when challenging commercial use.  There's a huge caveat in the FAA's interpretation which states that any "unsafe" usage is subject to fine.  It then follow's that safe usage may be allowed.  

There is also confusion on who exactly is subject to the fine.  The FAA's policies state that it is the UAS operator who is subject to the actual fine.  Agents using a 3rd party operator cannot be fined.  That being said, they may be subpoenaed for documents, invoices, marketing material etc.  Such inquiries usually just get forwarded to general counsel and aren't a big deal from what I'm told, but it can happen.  Few and far between though.  Again, if the operator you're using is doing it safely, you're covered.  It's important to keep tabs and research what any of your vendors are doing to make sure you're not getting caught up with someone that could potentially hurt your business.

The FAA is currently being sued in federal court, regarding their un-lawful advisory circulars and rule interpretations.  That case is pending and, by all accounts, is going well for drone operators.  So much so that the FAA has begun offering more exceptions, especially in real estate related fields.

There is still no licence or certificate a person can earn to make them, "legal," to fly UAS.  If someone presents anything other than a certified, "exemption," run far, far away from that person.  They are straight up lying to you.  Especially if they say they have a pilots license.  A Pilots license is not a license to operate a UAS.

I was able to have a very profitable discussion with the regional director of the FAA where I live.  He was very helpful and informative.  The FAA doesn't want to go after UAS operators.  Some cases make it impossible for them to ignore.  Flights that are blatantly unsafe have to be investigated.  The one they were able to bring against an operator was Raphael Pirker's case.  An American University hired Pirker to produce a promotional video for them.  The FAA went after Pirker, not the University.  The case ended it what was essentially a draw, with the scales tipping more towards the UAS operator's side.

Just like anything, use common sense.  If someone comes to you offering aerial marketing, research them thoroughly before shelling out to use them.  Once you find someone that's good to work with, stick with them.  Don't be afraid and don't be bullied.  Have the facts on your side.

Here are some very informative links:

http://dronelawjournal.com/busting-the-faas-myth-busting-document/

http://dronelawjournal.com/faa-revised-myth-busting-document-still-lies/

http://www.murkowski.senate.gov/public/index.cfm/2015/2/murkowski-young-introduce-bicameral-bills-pushing-for-safe-drone-usage

The FAA's "ban" on flying UAS commercially is legally toothless.  Don't be afraid to utilize this innovative industry in your marketing.

We have used drones in our marketing pictures and videos.  I see about 5-6 other agents using drones in the area as well.  

For those of you saying that google earth is just as good...  pfft.  It's not quite the same.  Trust me.  

I own one and yes I plan to use it for very tall and steep roofs.  The concerns about the use of drones is way out of hand, 

I think I have the ultimate solution. Marry an FAA test pilot who is a licensed helicopter instructor. 

That said, there's a much easier solution to elevated photography. There are some attachments that go on the end of a painters pole. Affix the camera and run it up 12-18 feet and with your remote trigger start clicking. The photos are great and much less grief than messing with the drone. 

We have two at the house for our son to play with but as soon as I put one of those photos in the mls , I have used the drone commercially. It really doesn't matter if you had your tech guy do it. You will get fined and then spend more than the fine trying to fight it in a federal court. 

With the drone that landed on the Whitehouse lawn recently, I'd say enforcement is going to get even tougher. Buy the painters pole if you really want an elevated photo. 

Or you could always go out to a local small airport and post a sign looking for a pilot who might shoot some photos or take you for a ride. 

Evelyn Johnston well, there are laws that states we cannot (read James Brockway answer). However, one of the company got the permission (do not know much details) and likely that by 2017. real estate agents will have permission to do that.

Of course, there may be some back door entries - like what Gabe Sanders has mentioned.

With Google earth and the likes there is little that a person needs a drone for.

According to the law, if you use drones for commercial use, the person who operates the drone  has to have a pilot license. 

As long as there are no laws that say that I cannot.

My husband uses one.  He enjoys flying it for fun.  He posts videos on his website to showcase Sedona and other scenery.  It may show a different perspective of a property.  I have not found a buyer who would buy a home based on an aerial video.  This is not a business or is it intended to sell a property. It is a fun hobby that may showcase scenery and property.  See videos at http://sperryr.com/aerial/.

Laws are written to prevent us from doing things, not to tell us we can do it  So the answer is yes I will.

I do not own one myself but have thought purchasing one recently. I would be more concerned with damaging someones property or even my drone than the FAA coming after me. That just sounds riduculous.

I do have a Drone, but as I was informed at the NAR Convention, we can use iy for recreation, but not commercially, so I amd playing with it as a hobby, until they actually let us use it for Real Estate, Possibly later this year.

Drones are not for the amateur. A good friend, an engineer and professional home inspector has had several already and crashed a few and lost one and he is no butter fingers. I was convinced after hearing his experiences that these things look fun to operate, may look easy but definitely are not. We're just asking for trouble if we think we can get one of these and use them on occasion. Don't be fooled by the hoopla over them and for another, consider the annoyance you will be causing the neighbors and neighborhood. The only situations where I think these things are valid would be very large estates or vast acreages. Defnitely not suitable for neighborhoods. Too much risk, annoyance to others and invasion of privacy.

My initial interest in getting one was for both work and play, but given the questions regarding FAA regulations, my use of mine up to this point has been strictly play while recording mountain biking videos. I have already heard invasion of privacy complaints from friends regarding use of these by others in our town, so more regulation may be on the horizon.

Silvia Dukes PA, REALTOR Unfortunately, even with a pilots license, the FAA rules against commercial flying still apply.  In fact, even if that person is using their UAS safely, BECAUSE they have a pilotes license, the FAA will come down even harder and the individual may lose their license.

If you're going to hire a UAS operator, whether or not they have a pilots license doesn't matter.  Just make sure they're reputable and look at their work to make sure they're flying safely.  I.E. not over crowds of people or around airports, skyscrapers, etc.

Harold Satterfield the FAA is aggresively pursuing a policy of intimidation and false information spreading.  There have been no fines levied yet, only toothless cease and desist orders that have been overturned in courts of law.

There is an old saying; "That which is not forbidden is permitted."

I would hold off until there is more accurate information about the legality and use of drones. There are still too many unanswered questions.

Drones are not allowed for Realtor use, so they are out for me.

Under the right circumstances, I would hire a drone service operator to produce the information I want. That said, finding a company might be a challenge. 

The laws are meant to NOT be broken.  I'd love to fly a drone and take all kinds of photos & videos of my listings and/or town, and use them to promote my real estate services, but not at the expense of a very hefty fine.

They may or may not ever be legal to use in our industry, and if that's the case, then I'll look into whatever else may be the next "new thing."  

No, we will not be using drones until it is completely legal, and maybe not even then. Too many things to go wrong. Anyone who is using a drone now is doing so illegally and is subject to a hefty fine if caught. We want to see our smiling faces on a property flyer, not a poster warning about the consequences of using an UAV...

My son holds an Academy of Model Aeronautics license for flying RC planes (gas and electric) including quadcopters.  I had hoped he could make money over the summer taking aerial photos for Realtors but the FAA crushed that.  I personally think that needing a real pilots license is a bit excessive. I have watched AMA flyers fly and safety is extremely important in everything they do.  Before they can fly solo they have to be proficient in their skills, know all of the safety rules and pass a test. I do agree that drones are dangerous and no one should be able to open a box and fly, but I feel the current rule is too strict.

Yes. I personally don't think I would want to pilot one but I like the idea. I had someone who has one, set up a company & he'd be the go to guy for me. I just don't have a listing I would find it necessary on.

I did see a vid recently that was just horrible so there is some skill involved.

I am looking forward to the use of drones. I have a pilots license, but there is also the issue of being certified in the type of aircraft. It this case the drone. I do not believe that will work. I believe the FAA will relent in the end. It is not ilegal to fly an RC airplane with a camera attached. So why would a RC drone be a problem? Who ever was flying the drone near the with house was not thinking. It is a no fly zone. That means anything. I hope he or she did not have their name on it.

Drone photography adds an amazing view point and can be used for many things.  It is unfortunate that it is not allowed however I can understand the point of the FAA, some drones are not small and light and will go high enough to get in the way of other air traffic.  I would not go spend the thousands of dollars just to have a pilot license however if there were a cheap enough company to shoot it and I could legally use it with the correct disclaimers on the video then I would be very interested.  I love to fly rc air craft but it is not worth the risk or the fine to use it commercially.  

Evelyn,

Good question and lots of good discussion.  I'm not going to answer your question directly, but it is interensting that even though the FAA still deems commercial use of drone illegal, you can buy insurance for it!  There are currently many insurance companies that will sell a drone operator an insurance policy to cover the liabilities assoicated with breaking a window, privacy infringement or other damage.  

Since I focus on insurance and risk management for real estate firms, I know a number of my clients do use drones and their client love the unique property views!

 I know an inspector that has a very tall pole (20ft?) that he puts his camera on for for roof and chimney inspections (he also has a drone for the tops of chimneys) The risk of falling off a roof is high given they are expected to climb hundreds of times a year. I think the small helos that stay within a hundred feet of you are no problem (unless by law of course) 

I am not much with remote control cars so I am not going to be flying a drone anytime soon - even if it is legal.  When needed I will pay for pictures as long as all is done legally.

I would love to have a drone !!!!!!

From how the question is worded my first response is I don't need a law that says I can just as long as there aren't laws stating I can't. FAA at least seems to say I can't. Photos used in the marketing of a home for sale seems a pretty decidedly commercial use.
Gabe is that IT guy an employee? Thereby simply an extension of you? Not even semantics really.

William you mentioned google earth. Certainly makes overhead shots of varying angles available. Not to use in marketing, at least not without permission. Google owns the copyright on those images...or at least my understanding.

I will be buying one and using it in the ag industry to fly over fields as soon as it is allowed.  I think most people...including at least one or two  who have commented here...have no idea what the drones really look like and how small and light they are. 

The one I am interested in is lighter than a basketball. And no bigger than the steering wheel on your car...

I would not use it without knowing the laws and liability issues. If allowed by state laws I would hire a licended insured company to do it.

No. I doubt if I would use it much even if they were legal.

Given the circumstances of what I understand of the FAA rules, no I would not, Evelyn. 

I would love to have one. i think i would have to be 100% comfortable in my piloting skills before i used it anywhere near a home. SO for now no i would not use it near a home.

I doubt it--it's all so murky from a legal standpoint, I don't know that I'd want a problem resulting from my drone to be the one that sets a legal precedent.

I would have a lot of fun with that thing for pleasure and business in my area. 

Evelyn,

Many states do not allow drones to be used.  The last drone that made the news crashed into the White House.  Yes, they take great pictures, they also take out picture windows, electrical wires, etc.  Privacy of neighbors is another huge issue.  Why do all that?