Baby or nanny cams are popular with parents today. The tiny, easy-to-hide devices help parents keep tabs on their kids while they’re away. State privacy laws differ, but for the most part, you’ll want to let buyers know upfront if there’s a chance they’ll be captured on one of these or other types of surveillance devices while they’re in the house.
In California, it’s legal to make a video recording (without audio) of anything happening at your home (except in a bathroom), even if the camera is hidden, according to LegalMatch. But be careful about recording anything beyond that, such as the street in front of your yard.
The key issue is expectations of privacy. If you’re inside someone’s home, you have a right to expect a certain amount of privacy; if you’re outside—say on a public sidewalk—you can’t always expect the same level of privacy.
In a similar manner, if you’re recording a phone conversation, privacy expectations are relevant. People expect a phone conversation to be private, so you’ll want to let them know beforehand if you plan to tape the conversation as a way to keep accurate notes or for other reasons.
These types of privacy issues are a top story in the latest Voice for Real Estate news video from NAR (Click article link below to watch). The video shares excerpts from a recent video by NAR’s Legal Affairs division on what you need to know about surveillance cameras when you’re showing a house or recording a phone conversation with customers.
The video also looks at how much easier it’s going to be for your clients to get FHA insured mortgage financing for their condo purchase. Other stories in the video look at NAR’s effort to curb accessibility lawsuits in commercial real estate and a meeting to flesh out ideas for making housing more affordable.
Sources: “Is Your Seller’s Baby Cam a Lawsuit Waiting to Happen?,” (REALTOR® Magazine, July 2016); and LegalMatch.