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Why More Home Sellers Are Using Security Cameras to Spy on Buyers During Showings
As technology moves forward with more and more innovations, your privacy comes into the picture
Invited Guest Contributor: Aly J. Yale Editor: Samantha Sharf
Homebuyers have more to worry about than just skyrocketing home prices and rising interest rates. Apparently, big brother’s a problem too.
In a recent poll, 30% of sellers admitted to using a hidden camera to drop in on buyers when their home was on the market.
With the wide adoption of home video and audio technology, the move into this technology is hardly a surprise.
About 9.4 million homes nationwide now have some sort of Wi-Fi-enabled camera on-site. In 2020 alone, Americans bought a whopping 8 million video doorbells. Another 53% of households have a smart speaker, allowing them to easily listen in on conversations throughout the house — often using just their smartphone. Yikes!
To be clear, most sellers are not installing cameras or listening devices just to keep tabs on buyers. In most cases, they already have them — often for added convenience or security around the house, but they could present a legal and ethical issue once the property is on the market. It would be good to know what the rules are.
“It isn’t really ethical for sellers to be listening in, and in some states, I’m sure, not legal either.” “I advise my clients they are not allowed to be listening in on those conversations. They are private, and Realtor® and clients need privacy while discussing the property to better serve them."
Looking for information
Most sellers who listened in on showings said they did it to find out what buyers did or didn’t like about the house. Another third said they wanted information to use in negotiations.
Sellers use their findings to negotiate “all the time.” They also use any negative remarks to drive repairs or better stage their property for the next buyer. For instance:
If buyers keep saying a space feels cluttered or too small, it’s far more impactful hearing it directly from the buyer’s mouth and can help make the argument for why we need staging,
Other sellers simply use cameras to ensure their home is safe during showings or to monitor when buyers have left so they can return home. In some cases, agents say, sellers might just be very attached to the home. Some sellers like to be really involved — especially if the property has a lot of sentimental meaning.
Sometimes, the client just wanted to hear what people thought: both cameras can be clearly visible and a Ring sticker on the front window will disclose the devices' presence. Still, this obviously does have an air of snoopiness…
Is it legal?
No matter what the seller’s reasoning is, there are often legal concerns when it comes to listening in or watching a buyer’s showing.
The exact laws vary by state, but in most places, video surveillance is allowed — without audio — as long as it’s in an area where the person wouldn’t typically expect privacy. It could be interpreted as private like the bedroom, bathroom, dressing room, changing room closets or the shower- where someone would expect total privacy and not expect to be recorded.
Audio recording, however, is a different story. The legalities here depend on whether your state is a one-party or two-party consent state. In a two-party consent state, all parties involved in the interaction must consent to be recorded. In a one-party consent state, just one of the parties does.
FYI- Under New Jersey law only one party to a conversation is required to consent to a recording to make it legal.
There’s a catch, though. To be considered a “party,” the seller would have to be present and participate in the conversation that’s being recorded.
“Listening to the conversation without being part of it or getting consent is considered eavesdropping.”
Skipping the spying
Agents tend to discourage sellers from listening in or taping buyers — and not just due to legal concerns.
In some cases, the recording might even turn off a buyer completely. With hidden cameras, 44% of buyers said they’d skip out on their dream home if they knew the seller had recorded their tour. Another 56% said the practice is unfair and an invasion of privacy.
“Something else to consider is that when sellers are in-person for a showing, buyers do not feel free to fully look through and check out the property,” “The same applies here. Knowing that sellers are listening in is uncomfortable, to say the least. When a buyer doesn’t feel comfortable during a showing, they are likely not to buy the house.” *It is my advice to each homeowner not to be present during any showing.
Still, with the prevalence of smart speakers, doorbells and cameras — not to mention the baby monitors and other potential listening devices out there, the temptation to spy remains. For sellers who do listen in, the key to legal protection is disclosure.
If the seller is going to listen in, they need to obtain consent from all the parties involved. This could simply mean notifying buyers they’ll be recorded upon entering the property or posting a clearly visible sign stating that a video or audio surveillance system is in use.
In some cases, multiple listing services — the local databases used by agents to list homes — require disclosing on-site security and recording devices. For those that don’t, agents can and should include notes about these devices in the “agent remarks” field, so a buyer’s agent can alert the client before scheduling a tour.
Are you being watched?
Even if you don’t spot a device, though, agents say you should assume you’re being watched or listened to at all times — and act and speak accordingly. I will always obtain this information before every showing and advise each seller on the correct protocol.
*The old proverb: An ounce of prevention is worth a pound of cure certainly fits the advice.
*Please direct any questions you may have to me. I will be glad to help.
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