Cody, in DC, many homes have outdoor surveillance cameras set up, and I'm guessing that a lot of them also have them indoors - maybe the owners want to know what the dog is doing when they are away.  Usually, they are pretty obvious.  But in most areas, it's seller beware if there is audio recording.  

I once had a buyer spot the camera and start to mug for the seller.  It got funny.

Cody,

I talked to SB agents, and they all assume that security cameras are in the house somewhere.  This is why, they tell their clients to be quiet and talk after the showing.  I know that if you are on video in a public venue, you have to sign a disclaimer according to California law, or be warned like at the entrance of a market that you are on video.  Richard Weeks wrote about an agent having sex and caught on camera recently.  And the theft of prescription drugs continues, one of our clients had to report the theft of medication during a brokers' open to the board of realtors in town...

In the disclosures, the security system is disclosed only as being wholly owned or leased.  A

Cody, I don't take any chances when I am showing a house, we never know if we are being recorded.

Hi Cody Carmen ,

You never know and another buyer beware situation. Upon entering a home..one must assume you could be on camera!

Great Blog and interesting information Cody Carmen.  I've been aware of cameras for a matter of months (since I'm a newbie), and I think it is a reasonable assumption that there could be cameras when you are showing or previewing a home.  I have not been made aware of any used by past clients in our age-restriced niche/community, so I am more aware of the possibility out of our area.  I think it's a safety precaution for the seller/homeowner!

Good info Cody Carmen , even before the home security trend I always kept in mind that someone was watching... and he can send you to a very hot place!

Definitely a controversial topic.  My thinking is that "confidential communication" is something that sometimes takes place while showing a property simply because buyers occasionally like to discuss such things as what the maximum is they'd offer on the property, even though they'd start by offering a lower amount.  I usually advise buyers I work with to not discuss much other than likes/dislikes while we're inside a home.  They sometimes forget (or don't give it much importance).

I would have camera up in my house if I had it on the market. It's so easy to do, and I think it's an extra precaution that sellers can take. 

Hi Cody- I can remember looking at a home and my agent said there were cameras in the home.  She warned me to watch what I said.  That was about 15 years ago and now I assume that every home I go into has a camera. 

This is an important topic. When you are visiting homes of others, you should assume that video cameras are there.

It is a good idea to advice clients not to discuss the offer when in the house. 

                         Thank you Cody Carmen 

Cody

Good read here on a complex issue that is becomming more and more prevelant (from the standpoint of security systems). It pays to simply be cautious and assume there is some system in place and keep the comments to a minimum until out of range. I imagine there were will be more cases tested in court, here in CA and elsewhere.

Jeff

A good rule should be to be on your best behavior while walking though a listing. I would also never discuss anything sensitive about any potential offer to avoid tipping my hand by giving the buyer such info as how much I loved a listing or how high I would actually go with an offer...

This is becoming more and more popular in my area.  I recently showed a house to a buyer and the listing agent had asked that we remove our shoes prior to entering.

Well....I forgot and showed the house with our shoes on.  Afterwards, I had not even left the neighborhood yet, before the listing agent was on the phone with me reprimanding me for not taking our shoes off.

That showing was deifinately "Live" and being monitored from somewhere.

It is the world we live in now.  I always expect cameras to be rolling. I tell buyers to assume the cameras are rolling!  Is it an invasion of privacy?  I do not know.

Cody I always assume there are cameras as do our clients.  It just makes good sense to consider the possibility. I've never had any weird stuff go on with clients in homes and I don't ever expect too. Invasion of privacy - heck -there are cameras everywhere these days!!  I guess if one was doing not good stuff they'd be more concerned than folks like moi!

I always assume the cameras are rolling and warn my Buyers. They seem to love the intrige. Yes, I had it proven once. The Homeowner was next door watching us, my Buyer wanted to negotiate greatly and obtain a "deal". She met us at the front door as we were leaving and sharply relayed her opinion of his remarks and told him she had a much higher opinion of her home (beautiful) and her negotiations would reflect it.

This is so true.  I was being recorded and filmed in a house.  The buyer and I discussed certain things such as that the house did not appear to be well maintained.  My broker got a call complaining about it!  The seller  probably should have taken  it to heart and tried better maintenance.

Cody 

The surveillance camera is one thing and the homeowners have a right the camera in their home and to video the people in their home. Recording the the conversations of the people in the home is a difference matter and that may not be illegal.

Good luck and success.

Lou Ludwig

Cody

Great post on a current ongoing question . . . . Congratulations on earning a gold star feature for your post.

Good luck and success.

Lou Ludwig

As an appraiser who specializies in high end properties on the south Fork of Long Island I always expect cameras to be installed and on.  I actually had one client call me after a property observation and complement me on how thorough I was...

I have no issues with it as I feel that it also protects me from being accused of something..

My general state of mind is that I am being recorded in all that I say or do with the exception of a dressing room or bathroom.  The fact is, we are. Being in a home in no different in my mind.  I do not assume privacy. 

We have shown homes where MLS Realtor remarks state that cameras are recording in the home. Period. 

It pays to always assume they are in every home. You never know.

Great post and timing!  I have sellers right now that have 8 kids and have both audio and cameras in almost every room.  They have a live feed and know exactly what the showing agent and buyers are doing and saying.  I don't like it, but I know it's here to stay.  Always talk and act like someone is watching and listening because they probably are!  

Great points.  I had some weird things happen in a personal showing of my own home last week.  Made me sort of wish I'd put in a camera.  However, your points about recording - never even thought about that.  I will caution my buyers about that particular subject as well!

I staged a home recently where surveillance cameras were right in the entry foyer; the seller said they liked to hear what potential buyers said about the house.  It had been listed with two different Realtors and the sellers wondered what the "real" feedback was, since no offers were forthcoming.  While I understand their wanting to know, I suggested they place them somewhere else if they truly wanted feedback .. the cameras were the first thing you saw when you walked in the front door.  I noticed that they later moved them, and the house had a pending sale after staging .... so the story had a happy ending.

On the other hand, I dislike having cameras on when I'm staging a house, because we have to very careful what we say -- we don't want to offend our clients!!

When I am in someone else's domain...home or business...I assume I (we) am (are) on camera and being recorded for both video and audio. By making that assumption...I always stay above board and keep secrets secret and comments commendable...

People hire you because they think you are a good fit. You do want to be treated as a professional.  The real difficult sellers to less extend buyer I tell them I am doing my job and need to be respected.

Cody, Very interesting post. I never thought of the possibility of homeowners placing some hidden cameras, but it could be a reality nowadays. I believe it is reasonable if they want to know what strangers are doing while previewing their home. I enjoy reading your post. Thank you for sharing.

Virtuous people are IMO usually fearless and not concerned about video or audio surveilance of their activities. However, asking clients if video and audio surveillances are being employed to protect their property is essential and could be used to close the transaction. 

One should always be on their best behavior cameras or not! We don't get a lot of this up here but it is becoming a possibility! Owners do have a right to protect their property! Really Good Post!

This is been a big topic of discussion at risk management meetings at both State and Local levels (REALTOR Boards).  Leases are being amended to address this in regard to tenants where the parties agree that the Landlord cannot use recording devices on the premises.  

We have told our Associates that they need to advise buyers that they have no expectation of privacy while touring a home listed for sale.

Cody, when showing properties, I always advise my clients to keep their conversations about the home outside, I assume there are cameras and we're being recorded. Couple of years ago, a Realtor was caught on camera having sex in the master bedroom in Orlando area, not a wise decision.
We have cameras outside and inside of our home, my assumption is everyone else does as well.

I have shown numerous homes where it was very obvious we were being watched.  I now assume we are always being watched and tell my buyer clients to assume the same.  I tell them to withhold all comments regarding the house until we are back in the car as if they love the home and want to place an offer I don't want to harm our negotiations by letting the sellers know how much they want the house.

There are loose cannons on every ship ! Being a Broker will take years off your life !

I've heard that the measure of  person's character is what they would do if they knew they would never get caught.  Sellers have the right to record people in their homes and some people will find that their true character is revealed.

I certainly can't blame the homeowner for wanting extra security in their home.  It's not always the agent that is being scrutinized.  I think they're more concerned of the potential viewers whom come in during Open House when it's not always easy to keep track of everybody whom may be in the house at any one moment.  Great post, and definitely something to think about in this day and age.

It's best to assume someone is always watching and listening. It's certainly possible!

I hope you are enjoying a most productive month. I appreciate your comments on my blogs.

Very informative post Cody.  I always allow for the fact that I may be on film or recording.  And I advise my buyers as well.

Yes, I have shown properties that have camera's on, and we assumed were recording. It is a bit uncomfortable because they cannot freely talk.  But they understand the reasoning behind it.  I have even had buyers write notes back and forth to get questions answered.

I always caution my buyers of the possibilty of being recorded. I had some sellers that watched every showing on their cell phones from down the street. They didn't have sound but timed the showings and the lingering and then immediately called me asking me to follow up. It was unnerving. 

Cody Carmen - wow! Interesting to learn that it is legal to do so.

Question - should listing agent disclose about it or not?

I've cautioned buyers for years to not say much when they are viewing a home, just in case there is video or audio recording going on.   And a quick reminder before we go in the door is a good idea.  You never know!

These days we should assume we're being "watched" or recorded.  No matter where or when, Cody Carmen.  More often than not, it's true.  It's the new reality with everyone having access to recording devices or security systems via affordable, easily installed security systems and cell phones.

Gene 

It is important for all to be aware of the possibility that cameras may be present in a home.

Great job!  I just added this to my "To Do" list. One should always conduct themselves  act as though they were being watched, but this is worth mentioning to customers as well. When showing property, it is often difficult to be the eyes and ears every moment, especislly if the party separates for a moment to do a relock at a room.

I have had sellers with surveillance equipment. The best rule is to act as though there was always a camera and mic on you when inside a property either with your listing or with a buyer. 

Cameras exist and listening devices exist. 

Years ago a seller of mine secretly recorded what agents and clients said during showings.  I freaked out when he told me, but apparently it's not illegal to do that.  That client and I soon parted ways.

Cody Carmen  The thought never ever entered my mind ... It is a little creepy

Hi Cody - Great topic. We have always assumed that we could be recorded, so we save the important parts of our conversation for when we're back in the car.

Cody, I missed your post the first time around and wanted to stop by and thank you for the interesting discussion. (I saw it on Debbie Reynolds post). It's a helpful reminder to always watch your P&Qs.

Hi Cody, great topic.  We always try to be mindful of eavesdropping while touring someone's home.  

Simple solution:  all of our occupied properties have a sign at the entry stating that the property is under 24-hour audio/video surveillance.  We are under surveillance pretty much everywhere else we go, why the surprise that the same would be true of a house that the 'public' has access to?