AP
Hank Hayes • Jan 18, 2016 at 8:30 AM
hhayes@timesnews.net

Using drones to sell real estate — on the surface — would appear to be an easy match made in marketing heaven.

The benefits are obvious: An aerial image and video can create buzz for a run-of-the-mill property, but also for a prime location.

But the situation is anything but simple, area Realtors recently found out in a webinar presented by the Northeast Tennessee Association of Realtors (NETAR).

The first caveat, according to the webinar, involves agent liability. The National Association of Realtors says current Federal Aviation Administration (FAA) laws and regulations generally prohibit the commercial use of unmanned aircraft for the purpose of real estate marketing.

A Realtor, however, can use a drone if they have received a Section 333 waiver from the FAA. As of last fall, the FAA has approved 1,500-plus exemptions and that number appears to be growing throughout the country, according to realtor.com.

Realtors can also hire someone to operate a drone to take aerial images of their real estate listings.

But, if a Realtor hires a person to do drone photos or video and they haven’t met all the FAA requirements, both could be fined up to $10,000.

“Ignorance is not excuse,” according to the webinar’s talking points. “Just because money doesn’t change hands, the commercial aspects of the FAA regulations don’t go away. Intent is considered. The best test for commercial aspect is whether or not the video or photographs are for your personal use only and there’s never a commercial application or result from them.”

The drone pilot must also have a sport pilot’s license. A person can usually meet the requirements in about four weeks, but the cost is about $5,000.

The drone pilot, the webinar also pointed out, must be aware if the unit will be near an airport, a national park or a no-fly zone. If so, they will need a certificate of authorization from the FAA.

The webinar also noted the recommended insurance on a drone is at least $1 million and can cost anywhere from $600 to a $1,000 a year.

Even with all that expense and potential liability concerns, Realtors are encouraged drones could expand their ability to do a better job of marketing properties, according to NETAR President Marsha Stowell.

“In this case, it has made the cost of aerial photography an affordable option,” she said in an email. “It hasn’t been that long ago that aerial photography was only an option for multimillion dollar listings. Now it’s possible to deliver an affordable dramatic aerial perspective of homes or neighborhoods to use with an indoor tour … The obvious advantage goes to views of luxury properties or those that adjoin amenities that lend themselves to scenic aerials. Lakes, golf courses, river front and resort properties are a few examples, and we have many such properties here in Northeast Tennessee.

“Drone photography also has distinct opportunities in commercial real estate where low-level aerial photographs and video can replace drawings and maps.”

One talking point in the webinar was that using aerial photos is best for homes with a listing price above $500,000.

NAR, meanwhile, is supporting efforts to create new federal regulations to allow for the future commercial use of unmanned aerial vehicle technology by the real estate industry.

Typically, drone flights are short and flown at low altitudes to gather only the desired images or information related to a specific property or location.

“Most (drones) fall into what is referred to as the micro category, which means the (drone) weighs 4.4 pounds or less,” NAR said. “(Drone) operations are typically brief and more affordable than manned aircraft operations, which make it well-suited for use by the real estate industry.”

Looking ahead, the most notable recommendation made by an FAA task force last fall suggests FAA should institute a requirement that drones weighing between 250 grams and 55 pounds and operating in the National Air Space be required to electronically register, at no cost, with the FAA by providing the owner’s name and street address.

For more go to www.realtor.org.

For more about NETAR go to www.netar.us.