Privacy? What Privacy?

These days, it’s not uncommon for Sellers to install cameras and record the potential buyers and agents who visit their home. Some sellers record Open Houses as a security feature and video recordings can add an additional layer of security for real estate agents conducting showings.  If notice is posted that security cameras are in use it can act as a deterrent to physical attacks, vandalism or theft. 

It’s perfectly legal for sellers to do so it is, after all, it's their home. However, keep in mind that video surveillance and audio surveillance are not the same thing and sellers should consider obtaining legal advice should they feel the need to record showings or open houses.

Video recordings

Buyers and agents should understand that they should not expect privacy while viewing properties so anticipate surveillance cameras may be on site in homes you tour. 

Audio Recording 

As a seller, if you insist on audio recordings perhaps you should obtain  legal advice on this In Canada it is illegal to record private communications without the consent of the parties being recorded. But have the laws caught up with smart home technology, and home automation systems?

What about home automation products?

Home automation devises such as Amazon’s Alexa and Google’s Home can and may “listen” to conversations. Although the both  deny this stating that recording only begins with the correct trigger words, there are those who are convinced they are being targeted by advertisements based upon the ambient conversations they have had around their devices. Hmmm. Not sure about you, but until the dust settles on this issue, it may be best to be cautious. If you notice a device in the property you are viewing, stay calm and stay cautious.

Attention Sellers:

If you plan on recording the events that take place in your home, why not post notice of this to let everyone know this fact?

Attention Buyers:

When you’re touring a house, remember:

• Don’t talk about the price you’d be willing to offer, or how much you think the home is worth. Sellers can and will use this information to negotiate to their best interest!

• Don’t talk about how much you love the home or your plans to tear it down and rebuild

• Be respectful of the Seller’s home and their belongings. You are in their home, so it’s not OK to laugh at their furnishings, their china collection or the large wedding photos of the Sellers adorning every wall 

• Take off your shoes.

• Don’t go snooping through their personal items.

• Leave the home the same way it was when you walked in.

Remember that during real estate showings, you are only a guest in someone else’s home until you sign at closing. Treat real estate showing appointments as if the seller is right there in the home with you. Electronically speaking, they might already be.

Expect to see more Sellers use cameras or home automation devices in the coming years, so brace yourself…Big Daddy’s watching.