When you list your home for sale, do you have the right to record potential home buyers as they tour your home — just as they do on the popular television home shows?
While many sellers are frustrated by the lack of honest feedback from potential buyers, it’s best to do a little research before installing cameras and microphones in your home.
The federal Omnibus Crime Control and Safe Streets Act clearly states that it is illegal to, “intentionally intercept any wire, oral or electronic communication.” In other words, you cannot legally record or monitor an oral conversation unless one of the participants provides consent.
However, in some states, a video camera may be used as long as the audio recording or listening device is not active. Note that it is illegal to video in areas where privacy is expected like a bathroom or dressing area.
Disclosing up front to potential buyers and agents the presence of an active baby monitor or security camera can go a long way in legally protecting yourself.