Should A Listing Agent Disclose The Use Of Hidden Cameras?

I think this is just a reminder to be professional, even when you think nobody is listening.  I've been guilty of saying some things that might offend the homeowner...  but I stopped talking like that years ago.  You just never know.  

Great post, I am very careful about what I say during an inspection, always making sure to take certain topics outside with the buyer for discussing. Not many people have cameras but you never know. Think of your mother always listening. That should do it.

This is one I never thought of... Imagine if they have cameras and don't tell anyone including their agent... Yikes!!!

For the record... if I knew I'd tell my clients

Greg, We just have to assume they ARE there for every showing to be safe.  And baby monitors too.  They could very well be sitting on the neighbors patio listening to the conversation.  As far as video, no one should be doing anything they shouldn't anyway, so seeing me I don't care about, just the words, that's what breaks down our negotiating position and that's the confidentiality we need to protect.  If someone doesn't like the decorating scheme or the floor layout and says so, so what?  You need to have a little bit of a thicker skin once you put your home on the market.  It's no longer "your home", but a commodity.

Years ago I had a seller who did just that.  He would leave a camcorder running, facing the wall, and it would record audio in that room.  I found out when he  quoted a comment I had made during a showing -- something positive, but still.  I called the legal department of the NC Real Estate Commission and was told it was not illegal to record someone without consent.  If it happens again, I'lll disclose in the MLS and if the seller complains I'll let the listing go.  You can be sure that a seller who records is a Difficult Client.

I always assume I am being recorded. We are recorded more than we know as we go about our daily business,

I wonder if it's illegal in some states? I know you can't record someone's conversation without their knowledge and permission in IL.

I wouldn't like it, but it is the seller's house. I think it's safe to keep certain things left unsaid, like I love the house, let's low ball the price. But if the sucker stinks, and the buyer says it stinks, then the seller gets mad, well seller, you asked for it when you recorded the darn thing! If the seller is gonna hold that against the buyer, then they will make the whole process painful anyway.

I wouldn't list a house if the seller was recording showings. From a buyer agent perspective- it's difficult to overcome objections after leaving the house, so disclosed cameras would hamper me in doing my job and probably wouldn't show the house.

I like Cindy's and Fernando's answers. I agree that usage of cameras should be disclosed to even the playing field, but it's extremely disrespectful to go around making remarks that could ward off other potential buyers. If the people have no problem speaking their minds in an unfamiliar home, you can best bet they would easily tell friends. Respect should come from all parties. If they have something to say, keep it private.

If a seller has a camera to record if there is any vandalism or stealth, why would you put it in the mls, or disclose it? That would be defeating the purpose. Just be aware that these things are now more prevalent and act accordingly.

Greg, Love this post. I certainly would be a little PO'd if I found out I was on candid camera showing a home with no knowledge. But I usually do the same, keep my comments and client remarks for in the rolling office or the office.

Usually don't worry much about vacant ones, but in these days, maybe I should? Now you have me thinking. Brings up a lot of questions. In Idaho, you CAN secretly record voice with no knowledge or permissions. I'll have to check on Video.

Good post!  Great Question!  I know I won't look at home showing the same again.  Without disclosure, it definitely tilts the scales in seller's favor, knowing what buyer thinks of the home.  There are security aspects involved but I know I'd be really pissed if someone was taping me and my buyers as we toured thru a home. 

If the listing agent has knowledge, they should disclose it if they're a Realor, IMHO.  The NAR COE (not that anyone pays attention to this) talks about "confidential information"  What my client tells me is confidential, no matter where they are telling me. 

I know this happen more times than we know.  I tell me client to talk about the home when we are in the car for the very reason.

I think so long as there is no sound recording it is allowable.  That is what I have heard in the past.

This happened once that I'm aware of while showing.  It was creepy and invasive.  If the goal is to make your house feel welcome while it is for sale, seems like taping the showings defeats the purpose.  It also feels like the seller assumes the agent to be dishonest.

It is the owner's home he has the right to tape and film whenever and whoever he wants.  Period.  What he may or may not be allowed to do with the results may vary from state to state.  I am not a lawyer so I do not know.  It may be creepy or invasive but after watching that show "Person of Interest" on TV, I just assume that everything is on tape somewhere. As the listing agent I do not think that I have the right to divulge the information because it would not be in the seller's best interest for me to do so.

I can see the value in taping, but to have the audio recorded as well seems unfair if it is done without the potential buyer's knowledge.  With simply taping, the seller can be assured their home has not been vandilized in any way, but audio should be unnecessary unless they are wanting a leg up on what the person looking at their home is thinking.  Ethically, it should be disclosed.

The NCREC had a wonderful article in the May 2014 Bulletin on the surge in Sellers wanting to use video/recording devices.  Seems it is a NO-NO and can get Sellers and their agents in hot water and possible jail time per the article.