Selling a home usually requires at least one open house, but clients can be uncomfortable with having strangers walking through their homes. For some, surveillance equipment seems like a good solution.
Data suggests that around 30% of sellers have used hidden cameras during a showing or open house. But is using surveillance equipment during a showing a good idea?
Why do some sellers decide to use surveillance equipment?
Curiosity seems to be the driving force for most sellers. Forty-nine percent of people reported wanting to know about what buyers liked and disliked about their homes, and 36% of people were interested in gathering information that could be used during negotiations. The remaining 23% wanted to hear what agents were saying about the property.
What are the risks of using such devices?
Most buyers aren’t too keen on the idea of being recorded, especially without their prior knowledge and permission. It could even have a negative effect on the sale: 44% of buyers said they would halt the purchase of their dream home if they learned they were recorded in secret.
Are there legal implications?
If your clients have installed surveillance equipment, refer to the Federal Electronic Communications Privacy Act (ECPA). For example, the ECPA prohibits audio recordings without the consent of at least one of the conversation’s participants. If the seller isn’t present and involved in the interaction, such a recording is illegal.
Silent video recordings are allowed in common areas. But this does not include any area where an individual would have a reasonable expectation of privacy (e.g., bathrooms). Some states require a posted notice that surveillance is being done on the property.
Most professional installations are done with federal and state laws in mind. However, a DIY homeowner may not be familiar with such regulations. Thus, it’s important to discuss surveillance methods before showing to ensure any recordings will be lawful.
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