What legal remedies do I have if an appraiser or agent took unauthorized photos of my personal items? – North Carolina

Short Answer

In North Carolina, unauthorized photos taken inside a private home can create civil remedies depending on what was photographed, why the person was inside, and what happened to the images afterward. The strongest remedies usually involve (1) court orders to stop use or require deletion, (2) civil damages if a statute applies (such as certain “private image” or “secret peeping” laws), and (3) other claims when the person exceeded the scope of permitted access to the property. In an estate-sale setting, the personal representative can also take practical steps to protect estate personal property and document the incident while the property is being marketed and closed.

Understanding the Problem

In North Carolina probate administration, a personal representative may need to allow a real estate agent, prospective buyers, inspectors, or an appraiser into a decedent’s house to prepare for a sale. The question is what remedies exist when an appraiser or agent takes photos of personal belongings inside the home without permission, especially when the photos are not needed for the real estate transaction. The key decision point is whether the photos were merely taken incidentally as part of documenting the home’s condition, or whether the photos crossed a line into prohibited or wrongful image capture or use.

Apply the Law

North Carolina law provides several possible routes: (1) certain statutes create a direct civil lawsuit for specific kinds of image capture or disclosure; (2) property-access statutes can impose liability when someone enters nonpublic areas and exceeds the scope of permission; and (3) probate administration principles push the personal representative to preserve and protect estate assets, including household furnishings and personal effects, while the real estate is being sold. Which remedy fits depends on what was photographed (people versus objects), whether the conduct was “secret” or “surreptitious,” and whether the images were disclosed or disseminated.

Key Requirements

Type of image and conduct: Remedies are stronger when images capture a person in a private space or intimate context, or when the photography is secretive, rather than ordinary documentation of the property.
Scope of permission to enter: Liability can increase if the agent/appraiser had limited permission (for example, “photos of rooms only, no personal property”) and went beyond it in nonpublic areas.
Use or disclosure of the images: Taking a photo and keeping it private is different from sharing it, posting it online, or using it for an improper purpose; some statutes focus on dissemination and provide specific remedies and deadlines.

What the Statutes Say

N.C. Gen. Stat. § 14-202 (Secretly peeping into room occupied by another person) – Makes certain “secret peeping” and image capture criminal and also creates a civil cause of action for a person whose image is captured or disseminated in violation of the statute.
N.C. Gen. Stat. § 14-190 (Disclosure of private images; civil action) – Provides a civil cause of action and defined deadlines when someone discloses certain private/intimate images without consent and with improper intent; courts may also order destruction of the images.
N.C. Gen. Stat. § 99A-2 (Exceeding scope of authorized access to nonpublic areas) – Creates liability for damages when someone intentionally accesses nonpublic areas and exceeds authority to enter, with potential equitable relief, fees, and statutory exemplary damages in some circumstances.

Analysis

Apply the Rule to the Facts: Here, an agent or appraiser entered the decedent’s house during a probate-related sale process and photographed personal belongings without authorization. That fact pattern most directly raises (1) whether the photography exceeded the scope of the access that was granted for valuation/marketing purposes, and (2) whether any images included people or private/intimate content that triggers a statute with a specific civil remedy. Separate from litigation remedies, the personal representative’s duty to preserve estate assets supports quick documentation of what was taken, demands to stop use/distribution, and tighter access controls while the closing is pending.

Process & Timing

Who acts first: The personal representative (or the estate’s attorney). Where: Outside of court initially (written demand), and if needed in North Carolina state court (typically the Superior Court division for civil claims; probate issues may also involve the Clerk of Superior Court). What: A written demand to identify, preserve, and delete images; and a request for the agent/appraiser’s file and distribution history. When: As soon as the photos are discovered, because deletion, online posting, or sharing can happen quickly.
If images were disclosed or posted: Preserve proof (screenshots with dates, links, MLS printouts, appraisal addenda, email/text metadata) and consider immediate injunctive relief to stop further dissemination and require takedown/deletion.
If a lawsuit is needed: Plead the claim that matches the conduct (for example, statutory “private image” disclosure, secret peeping image capture, or exceeding authorized access). Seek a court order covering deletion/return of images and limit further use, plus damages if available under the applicable theory.

Exceptions & Pitfalls

“Personal items” may not equal “private images”: Many disputes involve photos of belongings (furniture, boxes, collectibles). Those may be inappropriate but may not meet the definitions required for statutes aimed at intimate images or secret peeping. The remedy may shift to access-scope and injunctive relief rather than statutory damages.
Permission and scope are often disputed: Agents and appraisers often claim implied consent to photograph rooms for listings or appraisals. Clear written instructions (for example, “no photos of personal property; photos must exclude family photos/documents”) help establish the scope.
Proof problems: Without proof of what was photographed and where it went, a case can stall. Preserving MLS history, appraisal exhibits, and device metadata early can be critical.
Estate-administration exposure: When personal property is left in a house being marketed, theft and misuse risks increase. Good administration practice includes documenting household furnishings, checking insurance coverage, and controlling access to reduce fiduciary risk while the estate is being settled.

Conclusion

In North Carolina, remedies for unauthorized interior photos depend on what was captured, whether the photographer exceeded permitted access, and whether the images were disclosed. Statutes can provide strong relief in limited situations (including court-ordered destruction and damages for certain “private image” or “secret peeping” conduct), while other situations may rely on claims tied to exceeding authorized access and requests for injunctive relief to stop use and require deletion. The most important next step is to send a prompt written preservation-and-deletion demand and investigate dissemination immediately.

Talk to a Probate Attorney

If an estate sale involves unauthorized interior photos and concerns about misuse of personal belongings, our firm has experienced attorneys who can help sort out the best remedies and deadlines while keeping the probate sale on track. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.